47 Mo. 413 | Mo. | 1871
delivered the opinion o£ the court.
Defendants were manufacturers oE boots and shoes in New York city, and in July, 1866, established an agency in St. Louis under the sole management oE one Charles T. Hay. In November following, the plaintiff, Mrs. Watson, through her husband, William O., loaned to said Hay the sum. of $600, which belonged to her separate estate, and took his note. The money .went into the business of the house, and most of it was expended in the purchase of a horse, buggy and harness, to be used by
The court gave the following instruction, to-which defendants excepted: “ If the jury believe from the evidence that said Hay was duly authorized by defendants to conduct and carry on their business in St. Louis, and that he borrowed from the plaintiffs the $600 as alleged by the plaintiff in his petition, and that said money so borrowed was used in the business of defendants, and that defendants received the benefit of said money so obtained; notwithstanding the jury may believe from the evidence that said Hay had no authority to borrow money on the credit of his principals and could not hind them therefor, still, if the jury find that defendants retained the possession of the property bought with the money so borrowed, after they knew of the fact that with the money borrowed the property had been bought, and sold said property after such knowledge, and received the proceeds of such sale, it is in law a ratification of the act of their agent to that extent, and they became liable for the money, the benefit of which was received by them, and the jury will find for the plaintiff
Defendants’ counsel have raised a multitude of points and questions, but this view deprives them of their importance; and the other judges concurring, the judgment will be affirmed.