Mathews v. O'Shea
Nebraska Supreme Court
Err’or from the district court of Madison county. Tried below before Jackson, J. The facts are stated in the opinion. An agent who receives money for his principal is liable as principal, so long as he stands in his original situation, and until there has been a change of circumstances by his having paid over the money to his principal, or done something equivalent to it.
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Err’or from the district court of Madison county. Tried below before Jackson, J. The facts are stated in the opinion. An agent who receives money for his principal is liable as principal, so long as he stands in his original situation, and until there has been a change of circumstances by his having paid over the money to his principal, or done something equivalent to it. (Story, Agency [8th ed.], sec. 300; Hearsey v. Pruyn, 7 Johns. [N. Y.], 179; Herrick v. Gallagher, 60 Barb. [N.Y.], 566; Elliott v. Swartwout, 10 Pet. [U. S.], 137; Bend v. Hoyt, 13 Pet. [U. S.], 263; LaFarge v. Kneeland, 7…
1Opinion of the CourtNorval, C. J.
This is an action by J. F. Mathews for the conversion of $100, lawful money of the United States. The petition contains the usual averments. The answer is a general denial. At the close of the plaintiff's testimony the jury, under the direction of the court, returned a verdict for the defendants, and from a judgment in their favor plaintiff prosecutes error.
On the 29th day of January, 1892, one W. L. Ramey, through the defendants as his agents, entered into a written contract with the plaintiff to convey to him certain real estate situate in the city of Madison, this state, for and in…
2Cases cited7 opinions
- Chicago, Burlington & Quincy Railroad v. GrablinNebraska Supreme Court · 1893
- Colvin v. . HolbrookNew York Court of Appeals · 1848
- Dillon v. StarinNebraska Supreme Court · 1895
- Young v. FilleyNebraska Supreme Court · 1886
- Lyon v. TevisSupreme Court of Iowa · 1859
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3Cited by2 opinions
- Walter v. Four Wheel Drive Auto Co.Wisconsin Supreme Court · 1934
- Huffman v. NewmanNebraska Supreme Court · 1898