Scotland County Nat. Bank v. Hohn
| Decision Date | 01 February 1910 |
| Parties | SCOTLAND COUNTY NATIONAL BANK, Respondent, v. W. C. HOHN, Appellant |
| Court | Missouri Court of Appeals |
Appeal from Scotland Circuit Court.--Hon. Chas. D. Stewart, Judge.
Judgment reversed and cause remanded.
O. D Jones and E. R. Bartlett for appellant.
E. R McKee, J. M. Jayne and E. Schofield for respondent.
Action on two promissory notes each dated November 25, 1905, for $ 150, payable March 20, 1906, and May 20, 1906, after date for value received to order of Planters' Register Company, at Scotland County National Bank, of Memphis, Missouri, with compound interest at the rate of eight per cent per annum. Both notes were indorsed on the back "Planters' Register Co., by C. H. Allison, with power of Atty." They were purchased by the Scotland County National Bank, plaintiff in the action, for $ 282, or at a discount of six per cent or $ 18 from the face of the notes. Such was the testimony of the vice-president, who handled the transaction, who testified further that in making the purchase he dealt with C. H. Allison. Testimony was given by him and other witnesses, conducing to prove the bank purchased the notes in good faith, before maturity and in the usual course of business. In the autumn of 1905, C. H. Allison and John or Jack Allison, were engaged in making contracts with farmers in the vicinity of Memphis, Missouri, which contracts authorized each person dealt with to act as sole agent for the sale of a publication known as the Planters' Register, over certain territory. The Allisons purported to represent the Planters' Register Company of Roanoke, Virginia, and, perhaps, too, the Stone Printing & Manufacturing Company of the same place. Nothing is revealed in the record about the Planters' Register Company, except that it was not a corporation, and likely it was a partnership; but the inference is fair that some persons were doing business under that style and owned the copyright of the book called "Planters' Register." The Stone Printing & Manufacturing Company was a corporation and from a document received in evidence, dated December 9, 1903, and signed by the Stone Printing & Manufacturing Company, we glean something of the relation of that company to the Planters' Register Company. This contract said the Stone Company, in consideration of money deposited with it and other things, had agreed with the Planters' Register Company and parties who might be authorized to sell the Planters' Register, that the Stone Company would manufacture copies of the book of certain materials and in a certain form, keep a sufficient number on hand to supply orders promptly and pack and deliver free on board cars at Roanoke, all copies ordered, charging therefor the price of one dollar, but would not fill an order if the party ordering meant to sell at retail for less than $ 3.50 a volume. One or both of the Allisons would approach a farmer, represent to him the book met with a ready sale, that money was to be made by acting as agent to sell it in a particular territory, but to obtain the agency the farmer must execute his note or notes for $ 300, to be held by C. H. Allison until the person appointed as agent had paid for 300 books at one dollar each, when the note would be returned to him; further representing that they (the Allisons) had seven or eight trained men ready at Memphis to help any person who would take an agency, to make sales in his territory. Whether the two Allisons held themselves out as co-operating is not certainly shown but no doubt they were acting together either openly or secretly. Defendant was induced to accept an appointment as agent for the sale of the book in Knox county, the appointment being conferred by contract containing many particulars which we need not state in this case. Among the material stipulations was one that he was to have the exclusive sale in said county for one year from November 25, 1905, and the Planters' Register Company agreed to sell him at one dollar a volume, as many copies of the Register as he might want "in addition to what he has this day set aside and reserved, subject to his order." The Planters' Register Company agreed also to furnish prior to December 20th, all necessary blanks for orders and weekly reports free of charge, and to give him necessary instructions. This document bore this inscription: "The Planters' Register Co., by C. H. Allison, with power of attorney;" but the testimony of the defendant goes to prove it was signed by John Allison, who passed himself off as C. H. Allison. This circumstance, if material at all, is only so because C. H. Allison claimed to hold a power of attorney from the Planters' Register Company, authorizing him to execute contracts in its name, whereas John Allison claimed no such authority. Simultaneously with the execution of the instrument appointing defendant agent, the latter signed and delivered the notes in controversy, he says, to John Allison, supposing the latter was C. H. Allison. The notes were afterwards indorsed, as we have seen, by the true C. H. Allison to the plaintiff bank. Similar transactions were entered into by the Allisons with other farmers about the same time, and the plaintiff bank bought all the notes received by the Allisons, their total amounting to over three thousand dollars, and several suits are now pending in the courts below similar to this one. The vice-president of the bank testified he bought the notes in...
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