Robinson v. Jarvis
Missouri Court of Appeals
Appeal from Mercer Circuit Court, Hon. Gk D. Burgess, Judge. Statement of case by the court. The defendants, Samuel M. Jarvis and Rolan R. Conklin, were partners under the firm name of Jarvis, Conklin & Co., doing business at Kansas City, as loan brokers.
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Appeal from Mercer Circuit Court, Hon. Gk D. Burgess, Judge. Statement of case by the court. The defendants, Samuel M. Jarvis and Rolan R. Conklin, were partners under the firm name of Jarvis, Conklin & Co., doing business at Kansas City, as loan brokers. One Webster Ballew was acting as the defendants’ agent in Mercer county, this state, soliciting loans for them; the plaintiffs are husband and wife; John Robinson, solicited by Ballew, made application to the defendants for a loan of five hundred dollars; Ballew sent the application to the defendants ; the application, after an inspection of…
1Opinion of the CourtHall, J.
The execution by the plaintiffs of the written order addressed to the defendants, directing them to pay the amount due to plaintiffs to Ballew, stood admitted under the pleadings. The answer alleged the execution of said order by the plaintiffs ; the reply was not under oath. Rev. Stat., sect. 3653 ; Rothschild Frensdorf, 21 Mo. App. 320.
There was neither fraud nor misrepresentation on the part of the defendants or any of their agents inducing the plaintiffs to sign the said order, and the terms of it were clear, plain and unmistakable. In such a case the plaintiffs were bound by what they…
2Cases cited5 opinions
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- DeSteiger v. HollingtonMissouri Court of Appeals · 1885
- Fitzsimmons v. Southern Express Co.Supreme Court of Georgia · 1869
- Taylor v. FoxMissouri Court of Appeals · 1885
- Colwell v. Keystone Iron Co.Michigan Supreme Court · 1877
3Cited by6 opinions
- Chapman v. CurrieMissouri Court of Appeals · 1892
- Smith v. FarrellMissouri Court of Appeals · 1896
- Maloney v. HuntMissouri Court of Appeals · 1888
- May v. Mutual Benefit Life InsuranceMissouri Court of Appeals · 1897
- Campbell v. Van HoutenMissouri Court of Appeals · 1891
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