Hill v. Wertheimer-Swarts Shoe Co.
Supreme Court of Missouri
Appeal from Bt. Louis City Circuit Coitrt. — Hon. Jacob Klein, Judge. (1) Wash was a general agent of defendant, and as such was clothed with authority to make the contract sued on, for and in behalf of the defendant. McNichols v. Golden, 2Y Mo. App. 155; Brooks v. Jameson, 55 Mo. 505; Railroad v. Elgin, Y4 Ill. App. 619; 2 Morawitz on Corps, sec. 59 Y; Griggs v. Selden, 58 Yt. 561; Kingsley v. Eitts, 51 Yt. 416; Gibson v. Snow Co., 10 So. 304; Morrimac Pop.
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Appeal from Bt. Louis City Circuit Coitrt. — Hon. Jacob Klein, Judge. (1) Wash was a general agent of defendant, and as such was clothed with authority to make the contract sued on, for and in behalf of the defendant. McNichols v. Golden, 2Y Mo. App. 155; Brooks v. Jameson, 55 Mo. 505; Railroad v. Elgin, Y4 Ill. App. 619; 2 Morawitz on Corps, sec. 59 Y; Griggs v. Selden, 58 Yt. 561; Kingsley v. Eitts, 51 Yt. 416; Gibson v. Snow Co., 10 So. 304; Morrimac Pop. Co. v. Trust Co., 129 Ul. 296, (2) By the acts and conduct of defendant and its agent, it is estopped to assert that its representative…
1Opinion of the CourtMarshall, J.
Action for damages for breach of contract of composition between the parties hereto and their debtor.
Harper & Loretz were in business at Des Arc, Arkansas. On the 9th of December, 1892, they were unable to meet their obligations at maturity, and were indebted as follows: Hill, Eontaine & Co. (the plaintiffs), $2,150; Wertheimer-Swarts Shoe Co. (the defendant), $400; Bruce-Beine Hat Company, $60; Coodbar & Go., $461; Porter & McRae, $79.15. On that date all their creditors, except Wertheimer-Swarts Shoe Co. and Bruce-Beine Hat Company, signed an agreement extending the time of payment until…
2Cases cited9 opinions
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1896
- Rice v. GroffmannSupreme Court of Missouri · 1874
- Banks v. EverestSupreme Court of Kansas · 1886
- Eaton v. LincolnMassachusetts Supreme Judicial Court · 1816
- Lambert v. ShetlerSupreme Court of Iowa · 1887
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3Cited by3 opinions
- Jackson v. Star Sprinkler Corp. of FloridaCourt of Appeals for the Eighth Circuit · 1978
- Hill v. Bank of SenecaMissouri Court of Appeals · 1901
- Robert L. Jackson, Trustee in Bankruptcy for Great Western Automatic Sprinkler Co. And Fabrication and Supply Co. v. Star Sprinkler Corporation of Florida, Philadelphia National Bank, High Point Sprinkler Company, A/K/A High Point Sprinkler Co. Of North Carolina, High Point Sprinkler Company of Atlanta, High Point Sprinkler Company of the Midwest, William F. Aldridge, Ftm Sprinkler Company, Richard W. Miller, George T. O'laughlin, Protection Sprinkler Company and Continental Automatic Fire Sprinkler Company, Star Sprinkler Corporation of Florida v. Robert L. Jackson, Etc., Continental Automatic Fire Sprinkler Company and Protection Sprinkler Company v. Robert L. Jackson, Etc., Ftm Sprinkler Company v. Robert L. Jackson, Etc., Philadelphia National Bank v. Robert L. Jackson, Etc., High Point Sprinkler Company of Atlanta v. Robert L. Jackson, Etc., High Point Sprinkler Company of the Midwest, High Point Sprinkler Company, A/K/A High Point Sprinkler Company of North Carolina and William F. Aldridge v. Robert L. Jackson, Etc.Court of Appeals for the Eighth Circuit · 1978