Brooks v. Jameson
Supreme Court of Missouri
Appeal from, Gentry Circuit Court. I. The taking of the notes in the names of the principals and in their business, without the continued possession of the same, or at least having the same in possession up to,, and at the time of, payment, did not authorize said agents to collect the money due thereon by virtue of their agency. (Sto. Ag., 114, § 98 ; Doubleday vs. Krew, 60 Barb., 181.) II.
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Appeal from, Gentry Circuit Court. I. The taking of the notes in the names of the principals and in their business, without the continued possession of the same, or at least having the same in possession up to,, and at the time of, payment, did not authorize said agents to collect the money due thereon by virtue of their agency. (Sto. Ag., 114, § 98 ; Doubleday vs. Krew, 60 Barb., 181.) II. The said agents had the first two nptes in their possession at the time of their collection of them. This, in connection with the fact of their having taken the same for their principals, raises a…
1Opinion of the CourtYobies, Judge
This action was brought on an .instrument described in the . petition as a promissory note, which is in the following words:
*507“Cameron, Mo., Aug. 9th, 1869.
“On oi’ before the first day of October, 1870, we promise to pay Upton Brown & Co. or order, two hundred dollars for value received in thresher, with interest at 7 per cent, payable at Cameron, Mo. The express condition of the sale and purchase of said' thresher is such, that the title, ownership or possession does not pass from said Upton & Brown, until this note and interest is paid in' full: that said Upton Brown' & Co. have full power to…
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