Taylor v. Labeaume
Supreme Court of Missouri
Error to St; Louis Circuit Court. I. There was error in giving defendant’s fourth instruction to the jury. 1. By that instruction, the jury were told that a simple delivery to Greene would take away from the company and its agents all authority over the lumber.
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Error to St; Louis Circuit Court. I. There was error in giving defendant’s fourth instruction to the jury. 1. By that instruction, the jury were told that a simple delivery to Greene would take away from the company and its agents all authority over the lumber. This proposition, manifestly, cannot be maintained. 2. But even if the proposition were taken with the qualification, that Greene received the lumber under circumstances giving him a right to hold it against the company for his commission or for any liabilities incurred, still it was manifestly erroneous as between the parties to the…
1Opinion of the CourtScott, Judge
This was an action of trover for lumber, begun by Taylor against Labea’ume, in.the St. Louis Circuit Court, in November, 1848. There was a verdict and judgment thereon for the defendant.
In the year 1848, a company, composed of members residing in the east, was carrying on the business of cutting and Sawing lumber at St. Croix falls, in Wisconsin. Hamlet H. Perkins was the agent for the company, the members of which Were absent, and he carried on the business for them with as ample powers as though he had been a member. In the summer of 1848, the company became in arrears to the workmen…
2Cited by4 opinions
- State ex rel. Koeln v. St. Louis Young Men's Christian Ass'nSupreme Court of Missouri · 1914
- J. W. Edgerly & Co. v. CoverSupreme Court of Iowa · 1898
- Thayer v. Nehalem Mill Co.Oregon Supreme Court · 1897
- Wm. Franz & Co v. FinkLouisiana Court of Appeal · 1909