Ziegler v. Fallon
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. George W. Ltjbke, Judge. The defendant, having disclosed an irresponsible and impossible principal (if any) his liability was not that of agent, but was personal. Blakely v. Bennecke, 59 Mo. 193 ; Heath v. Goslin, 80 Mo. 316; Story on Agency, secs. 281, 282 ; Hoseys. Pitcher, 13 Mo. 191; Thompson s. McGullough, 31 Mo. 224 ; McClellans. Parker, 27 Mo. 162 ; Lapsley s. McKinstry, 38 Mo. 245 ; Schnell s.
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Appeal from the St. Louis Circuit Court, Hon. George W. Ltjbke, Judge. The defendant, having disclosed an irresponsible and impossible principal (if any) his liability was not that of agent, but was personal. Blakely v. Bennecke, 59 Mo. 193 ; Heath v. Goslin, 80 Mo. 316; Story on Agency, secs. 281, 282 ; Hoseys. Pitcher, 13 Mo. 191; Thompson s. McGullough, 31 Mo. 224 ; McClellans. Parker, 27 Mo. 162 ; Lapsley s. McKinstry, 38 Mo. 245 ; Schnell s. Stephens, 50 Mr. 375; Einstein s. Holt, 52 Mo. 340; Eerris s. Shaw, 72 Mo. 445. Our statutes provide that there must be a living master, and no…
1Opinion of the CourtThompson, J.
This action is brought to recover a balance due upon a written contract, not under seal, by which the plaintiff hired his minor son to the defendant for the term of three years, at stipulated wages, to learn the trade of a painter, The contract appears to have been drawn upon a printed mercantile bill-head used by the defendant, and is in the following language :
“St. Louis, Mo., ......188..
“M ...............................
“To Wesley Fallon, Dr.
“ Builder of
“All kinds of carriages and buggies.
‘ ‘ Repairing neatly done to order.
“Terms cash. Tenth and St. Charles Streets.
“ St. Louis, May 1, 1882.
2Cases cited22 opinions
- Musser v. JohnsonSupreme Court of Missouri · 1867
- Smith v. AlexanderSupreme Court of Missouri · 1860
- Dierker ex rel. Shoemake v. HessSupreme Court of Missouri · 1873
- Ferris v. ThawSupreme Court of Missouri · 1880
- McClellan v. ReynoldsSupreme Court of Missouri · 1872
17 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. GriffieSupreme Court of Missouri · 1893
- Padley v. CatterlinMissouri Court of Appeals · 1896
- Johnson v. SnowMissouri Court of Appeals · 1903
- Southern Badge Co. v. SmithCourt of Appeals of Texas · 1911
- W. B. Conkey Co. v. GoldmanAppellate Court of Illinois · 1905
1 more not listed; retrieve them via the Exa API.