Blackwell v. Kercheval
Idaho Supreme Court
APPEAL from tbe District Court of tbe Eigbtb Judicial District for tbe County of Kootenai. Hon. John M. Flynn, Judge. Action brought against defendant as administrator to recover loss occasioned by unauthorized acts of plaintiff as agent. Motion for nonsuit granted.
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APPEAL from tbe District Court of tbe Eigbtb Judicial District for tbe County of Kootenai. Hon. John M. Flynn, Judge. Action brought against defendant as administrator to recover loss occasioned by unauthorized acts of plaintiff as agent. Motion for nonsuit granted. Tbe lack of full knowledge does not protect a principal who deliberately chooses to act without such knowledge, or where he deliberately ratifies without full knowledge under circumstances which are sufficient to put a reasonable man upon inquiry. (31 Cyc. 1257; Clark v. Hyatt, 118 N. Y. 563, 23 N. E. 891; Johnson v. Ogren, 102…
1Opinion of the CourtBudge, J.
This is an action brought by the appellant against R. F. Kercheval, public administrator, and as such administrator of the estate of "Wilson Kistler, deceased, to recover the sum of $29,548, together with interest on $24,480 thereof since the first day of November, 1913. This appeal is from a judgment of dismissal entered upon a motion for non-suit. The only error assigned and complained of is that ‘ ‘ The court erred in granting the motion for a nonsuit and in entering judgment thereon.”
The main facts in this case, briefly stated, are as follows:
One Wilson Kistler, of Lock Haven,…
2Cases cited3 opinions
- Blackwell v. KerchevalIdaho Supreme Court · 1915
- Bank of Owensboro v. Western BankCourt of Appeals of Kentucky · 1877
- Findlay v. HildenbrandIdaho Supreme Court · 1909
3Cited by9 opinions
- Stone v. First Wyoming Bank N. A.Court of Appeals for the Tenth Circuit · 1980
- Scherck v. NicholsWyoming Supreme Court · 1939
- Chamberlain v. the Amalgamated Sugar Co.Idaho Supreme Court · 1926
- State Ex Rel. Olsen v. SundlingMontana Supreme Court · 1955
- Melgard v. Moscow Idaho Seed Co.Idaho Supreme Court · 1952
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