7 Mo. 318 | Mo. | 1842
Opinion of the Court, delivered by
This was an action commenced by appellees against the appellant in a justice’s court on a promissory note, executed by one Clarke, for the appellant. On an appeal to the circuit court the appellees had judgment, to reverse which, this appeal has been taken. It appears that Clarke, who executed the note for the appellant, kept a grocery for him ; that the business was canned on in his, Clarke’s, name, but that the concern belonged entirely to the appellant; that Clarke was authorised to buy such things as were wanted for the grocery ; that he purchased of the appellees a stove, barrel of whisky, and other articles, which were needed in the grocery, for which he executed the promissory note on which this suit was brought; that Stothard, the appellee, received the proceeds arising from the sale of the articles purchased ; that in the course of his employment for the appellee, Clarke had given two other notes in the appellee’s name, which had been discharged by him ; Clarke had no special authority to execute the notes.
The facts above stated were proved by Clarke himself, and the opinion of the court in permitting him to testify as a witness was excepted to, and is now complained of as error. It is the constant practice to admit agents to be witnesses for their principals in order to prove contracts made Iw them on the part of the principal, and this is allowed from necessity, or rather for the sake of trade, and the common
Judgment affirmed.