[Download] "Renland v. First Nat. Bank Et Al." by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: Renland v. First Nat. Bank Et Al.
- Author : Supreme Court of Montana
- Release Date : January 15, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Principal and Agent ? Ratification of Act of Agent ? Proper Instructions ? Evidence ? United States Mail ? Receipt of Letter ? Presumption of Receipt not Overcome by Testimony of Non-receipt ? Question for Jury. Principal and Agent ? Ratification of Act of Agent ? Proper Instruction. 1. Instruction that before a principal may be said to have ratified any act of his agent, either by act, word or omission, the former must have accepted the results of the agents act with intent to ratify and with full knowledge of all the material circumstances, held correct. Same ? Employment of Subagent by Agent ? What Insufficient to Show Knowledge of Fact on Part of Principal ? Ratification ? Correct Instruction. 2. Instruction that knowledge on the part of the principal that his agent has employed a subagent or his mere omission to dissent from such employment, standing alone, is not sufficient knowledge of the material circumstances surrounding the acts of the agent to warrant a finding that the principal ratified the act of the agent in appointing the subagent, approved. Same ? Ratification of Act of Agent ? Effect of Failure of Principal to Object Within Reasonable Time ? Proper Instruction. 3. Instruction that ratification by the principal of an act of his agent may be inferred from evidence that the former made no objection within a reasonable time, when a reasonable person under similar circumstances would have objected, held properly given. Same ? Ratification of Act of Agent ? Omission of Principal to Reply to Letter ? Inference of Approval of Act of Agent ? Instruction. 4. Instruction dealing with the law of ratification that intentional omission to reply to a letter may raise an inference of approval of a past course or state of facts made known to and understood by the person failing to reply, when under the circumstances ordinary persons would and should have made reply, held a correct statement. Evidence ? Mailing of Letter ? Presumption of Receipt ? Effect of Positive Denial of Receipt by Addressee ? Question for Jury. 5. Positive testimony by the addressee of non-receipt of a letter properly mailed does not overcome the presumption, rebuttable - Page 425 in character, declared by subdivision 24 of section 10606, Revised Codes 1921, that a letter duly directed and mailed was received in the regular course of mail, but the question is one of fact for the jurys determination from all of the evidence. Same ? Testimony by Addressee of Letter Denying Receipt ? When to be Regarded With Caution. 6. Testimony of the addressee of a letter that it was not received should be regarded with caution, especially when non-receipt, if proved, would relieve him of a burden.