Carriger's Administrator v. Whittington's Administrator
Supreme Court of Missouri
Appeal from Buchanan Court of Common Pleas. This was an action by the administrator of Christian Car-riger to recover certain sums of money alleged to have been received by William W. Whittington, defendant’s intestate, as the agent of said Carriger.
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Appeal from Buchanan Court of Common Pleas. This was an action by the administrator of Christian Car-riger to recover certain sums of money alleged to have been received by William W. Whittington, defendant’s intestate, as the agent of said Carriger. Evidence was introduced that in 1846 said Carriger had a pre-emption claim; that he went to California leaving Whittington his agent; that he received the rents accruing, and also sold the claim to one De Witt; that he received in 1847 fifty dollars for rent of this land; in 1848 twenty dollars ; that in 1850 he received from De Witt five hundred…
1Opinion of the CourtNapton, Judge
It does not appear in this case whether at the time of the sale of the pre-emption by Whittington to De Witt the death of the principal, Carriger, was known to the parties or not. It is inferable that at the time of the payment of the purchase money to the agent, in 1850, Carriger’s death was known to both parties. It is probable that when the contract was made in 1847, Carriger’s death, which took place in the previous summer on his way to California, was not known to either.
Although by the common law an agency terminated by the death of the principal, and all subsequent acts of the agent…
2Cases cited1 opinion
- Cassiday v. M'KenzieSupreme Court of Pennsylvania · 1842
3Cited by6 opinions
- Catlin v. ReedSupreme Court of Oklahoma · 1929
- Glennan v. Rochester Trust & Safe Deposit Co.New York Court of Appeals · 1913
- Einfeld v. ShermerSuperior Court of Pennsylvania · 1914
- Barrett v. TowneMassachusetts Supreme Judicial Court · 1907
- London & Lancashire Indemnity Co. of America v. DunerCourt of Appeals for the Seventh Circuit · 1943
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