Reed v. Coughran
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by John W- Reed against Eugene W. Coughran and another. Judgment for plaintiff. Defendants appeal. An agent cannot release valuable security and take something else instead of cash, without it being shown that he had authority or without ratification by his principal with knowledge of all the facts.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by John W- Reed against Eugene W. Coughran and another. Judgment for plaintiff. Defendants appeal. An agent cannot release valuable security and take something else instead of cash, without it being shown that he had authority or without ratification by his principal with knowledge of all the facts. Hormann v. Sherin, 6 S. D., 87; Shull v. New Birdsall Co., 15 S. D., 8. Where the recovery sought was expressly limited by the pleader to the value of the property taken and for the expenses incurred in pursuing it,…
1Opinion of the CourtFuller, P. J.
This action was for the conversion of two bay mares, an iron-gray colt, and a set of double harness which the defendant Coughran purchased in April, 1904, at a foreclosure sale made in satisfaction of a mortgage executed by plaintiff to a Mr. Bowen, who, as the owner and holder thereof, had foreclosed the same by an action in the circuit court. For the purpose of enabling plaintiff to pay and satisfy an agister’s lien of $186 growing out of the foreclosure action, and to ultimately save the property for his own use and benefit, as well as to secure the payment of certain indebtedness and…
2Cases cited6 opinions
- Street v. ChapmanIndiana Supreme Court · 1867
- Fairbanks v. MeyersIndiana Supreme Court · 1884
- Russell v. . FreerNew York Court of Appeals · 1874
- Naylor v. SteneSupreme Court of Minnesota · 1905
- Whitaker v. RichardsSupreme Court of Pennsylvania · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McNinch v. Northwest Thresher Co.Supreme Court of Oklahoma · 1909
- Bass Furn. & Carpet Co. v. FinleySupreme Court of Oklahoma · 1927
- Ozark States Trust Co. v. WinklerSupreme Court of Oklahoma · 1921
- Stoefen v. BrooksSouth Dakota Supreme Court · 1939
- First Nat. Bank of Sleepy Eye v. SleeperCourt of Appeals for the Eighth Circuit · 1926
5 more not listed; retrieve them via the Exa API.