Ferneau v. Whitford
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. —Hon. Cyrus A. Anthony, Judge. (1) The court erred in refusing instruction number 7, asked by appellant. R. S. 1879, secs. 2596, 2597, 5812 and 5833. (2) The court erred in giving instruction number 2, for respondent, on the question of ratification. It was not pleaded, neither did the principal have any knowledge of the act, or receive any benefit therefrom. Webb v. Ailing ton & Anderson, 27 Mo.
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Appeal from the Nodaway Circuit Court. —Hon. Cyrus A. Anthony, Judge. (1) The court erred in refusing instruction number 7, asked by appellant. R. S. 1879, secs. 2596, 2597, 5812 and 5833. (2) The court erred in giving instruction number 2, for respondent, on the question of ratification. It was not pleaded, neither did the principal have any knowledge of the act, or receive any benefit therefrom. Webb v. Ailing ton & Anderson, 27 Mo. App. 559, 571. (3) The court erred in giving instruction number 1 for respondent, and refusing instructions numbers 5 and 6, asked by appellant. Authority to…
1Opinion of the CourtSmith, P. J.
This was a suit commenced by the plaintiff against defendants in the circuit court of Nodaway county to recover eleven hundred and forty dollars and interest alleged to be due on a promissory note. The answer pleaded payment.
At the trial it appeared that John, Joshua and Aaron Ferneau, three brothers, in 1881 resided in the state of Ohio and owned severally numerous tracts of land in Andrew and Nodaway counties in this state. It seems *315that the three brothers had at one time and another visited this state to look after their landed interest, but Joshua generally attended to the sale and…
2Cases cited10 opinions
- Wilkins v. EllettSupreme Court of the United States · 1870
- Noble v. BlountSupreme Court of Missouri · 1883
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
- Kersey v. GartonSupreme Court of Missouri · 1883
- Wade v. HardySupreme Court of Missouri · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cummings v. HurdMissouri Court of Appeals · 1892
- Sharp v. KnoxMissouri Court of Appeals · 1892
- Gardiner v. ThorndikeMassachusetts Supreme Judicial Court · 1903
- Dawson v. WomblesMissouri Court of Appeals · 1905
- Roy v. TinsleyMissouri Court of Appeals · 1962
3 more not listed; retrieve them via the Exa API.