Bennett v. Potashnick

Plaintiffs, a copartnership, operating under the firm name of Jas. E. Bennett & Company, sued on a $1200 check drawn by defendant’s son. The court directed a verdict for defendant, and plaintiffs appealed.

The petition is in two counts. The first on the theory that the son signed defendant’s name as his agent, and the second on the theory that defendant is estopped to deny the son’s agency. The answer put in issue the two theories. The facts are as follows: Defendant lived at Sikeston in Scott county. The son, nineteen years old at the time, went to Cairo, 111. and tried his luck on the board-…