Homan v. Brooklyn Life Insurance
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The burden rested on respondent to prove, not only the contract as alleged, but also the authority of the agent, with whom he claimed to have made it, to make the contract on behalf of appellant. — Bank v. McKnight, 2 Mo. 42; Swearingen v. Knox, 10 Mo. 31; Soné v. Palmer, 28 Mo. 539 ; First National Bank v. Hogan, 47 Mo. 472 ; Wahrendorf v. Whitaker, 1 Mo. 205; Cravens v. Gillilan, 63 Mo. 28; Boogher v. Insurance Co., 6 Mo.
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Appeal from St. Louis Circuit Court. The burden rested on respondent to prove, not only the contract as alleged, but also the authority of the agent, with whom he claimed to have made it, to make the contract on behalf of appellant. — Bank v. McKnight, 2 Mo. 42; Swearingen v. Knox, 10 Mo. 31; Soné v. Palmer, 28 Mo. 539 ; First National Bank v. Hogan, 47 Mo. 472 ; Wahrendorf v. Whitaker, 1 Mo. 205; Cravens v. Gillilan, 63 Mo. 28; Boogher v. Insurance Co., 6 Mo. App. 592. The respondent’s employment was ratified by the appellant. — Story on Ag. 126, 135 ; Story on Sales, sect. 71; Smith on Con.…
1Opinion of the CourtHayden, J.
This is an action to recover pay for a month’s services alleged to have been rendered by the plaintiff as a solicitor of insurance, for the month of May, 1877. That services were rendered was not denied; but the issue on which the case turns is whether the defendant is bound to pay the sum here claimed, or whether the obligation to pay rests upon one Wilson, who was an agent of the defendant, and Avho, as the defendant contends, hired the plaintiff on his (Wilson’s) own account to work for the defendant. The evi*23dence is voluminous, and it would require too much space to detail it. It is…
2Cited by4 opinions
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- Hill v. MorrisMissouri Court of Appeals · 1884
- Hanback v. CorriganCourt of Appeals of Kansas · 1898
- Automobile Banking Corp. v. WillisonCourt of Appeals of Maryland · 1942