Hackett v. Van Frank
Missouri Court of Appeals
Appeal from Madison Circuit Court.—Hon. B. A. Anthony, Judge. (1) A party can only become the agent by the will of the principal. Mechem on Agency, sec. 80. (2) Agency is either actual or ostensible, and is actual when the agent is really employed by the principal; and agency is ostensible when the principal intentionally causes a third person to believe another to be his agent who is not really employed by him.
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Appeal from Madison Circuit Court.—Hon. B. A. Anthony, Judge. (1) A party can only become the agent by the will of the principal. Mechem on Agency, sec. 80. (2) Agency is either actual or ostensible, and is actual when the agent is really employed by the principal; and agency is ostensible when the principal intentionally causes a third person to believe another to be his agent who is not really employed by him. Mechem on Agency, sec. 4. (3) Whoever deals with an agent is put upon his guard by that very fact, and does so at his risk. It is his duty to inquire into and ascertain the nature and…
1Opinion of the CourtGoode, J.
Assumpsit in the usual form for merchandise said to have been sold and delivered to the defendant. Plaintiffs are a firm of wholesale liquor dealers in the city of Louisville, Kentucky, and the merchandise sold was chiefly whiskey. The account consisted of three or four different sales made between June 23d and December 6, 1899. The liquors were consigned to the defendant at Cape Girardeau, Missouri. The points of controversy are whether F. H. Dunlop, the defendant’s son-in-law, who ordered the goods on the defendant’s credit and assuming to act as the defendant’s agent, had authority to…
2Cases cited6 opinions
- Haskell v. StarbirdMassachusetts Supreme Judicial Court · 1890
- Allen v. . MeyerNew York Court of Appeals · 1878
- Diel v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- Bonner v. LisenbyMissouri Court of Appeals · 1901
- Warren v. . WilderNew York Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Holmes v. TynerCourt of Appeals of Texas · 1915
- Farm and Home Savings and Loan Assn. v. StubbsMissouri Court of Appeals · 1936
- Hackett v. Van FrankMissouri Court of Appeals · 1906
- Will Docter Meat Co. v. Hotel KingswayMissouri Court of Appeals · 1950
- Meux v. HallerMissouri Court of Appeals · 1913
9 more not listed; retrieve them via the Exa API.