58 Mo. App. 49 | Mo. Ct. App. | 1894
Defendant was proprietor of a hotel or inn at Kansas City, Missouri, on August 22, 1892. About 4 o’clock in the afternoon of that day plaintiff, a stranger, entered what appeared to be a bar and office combined, that is, the room contained a bar run in •connection with the hotel and likewise the hotel .register and a large iron safe in which the valuables of guests were kept when deposited. The safe was at the end of the bar counter and there were several valises or traveling satchels sitting around the safe when plaintiff entered. Plaintiff registered and secured a room from one of the two men behind the bar who was in his shirt sleeves, clean shaven and wearing a white apron, and who appeared to be in charge. Plaintiff then gave his satchel to this man, went out and returned about 1 o’clock that night. He then' found two different men behind the bar. One of these asked him if he wished
The court instructed the jury for plaintiff to the effect that if plaintiff deposited the articles with one of defendant’s servants who was acting for defendant in his absence and who had apparent authority to act, then the verdict should be for plaintiff, notwithstanding the servant had, in fact, no authority to act for defendant, in the receipt of the property. This instruction, we think, embodies a correct declaration of law with reference to agents. Where a principal places his servant in a position of apparent authority, the absence of authority in fact will not protect the principal against the act of the agent in the line of such apparent authority. New Albany Woolen Mills v. Meyers, 43 Mo. App.
It will be noticed that we have assumed in favor of defendant that he had • complied with the statute in relation to innkeepers, sections 5511 and 5512, Revised Statutes, 1889. We place our decision on the ground that plaintiff deposited his money and watch with defendant’s agent who, plaintiff was justified in believing, was authorized to receive it from him under the law of agency above stated.
Defendant’s instructions were properly refused. The first one includes the hypothesis of defendant’s having complied with section 5511 of the statute when there is no evidence of defendant having done so as provided by the statute.
The second instruction was properly refused for the reason that it, in effect, makes it incumbent upon plaintiff to show actual authority from defendant to the bartender to receive the property. And so of the third. The fourth, being a demurrer, was, of course, properly refused.
The verdict was for the right party and is affirmed.