4 Ohio Law Abs. 381

No. 19467

Bessie B. Kimbark v. Timken Roller Bearing Co.

ROBINSON J.

1. Where the agent of A., whether acting under a limited or general authority, obtained from B, the transfer of her stock to A., and possession of her stock certificates, which A. received and retained: Held: Evidence of what was said in the presence of B. and the agent of A. at the time of such transfer is competent in a suit for conversion of the stock, irrespective of the extent of the authority of the agent.

2. Where a principal obtains a transfer of stock and possession of the stock certificate through an unauthorized agreement of his agent, the responsibility of ratification or rescission of such agreement devolves upon him upon learning of such unauthorized agreement.

Judgment reversed.

Marshall, C. J., Matthias, Allen and Kinkade, JJ., concur.

Kimbark v. Timken Roller Bearing Co.
4 Ohio Law Abs. 381

Case Details

Name
Kimbark v. Timken Roller Bearing Co.
Decision Date
Jan 1, 1970
Citations

4 Ohio Law Abs. 381

Jurisdiction
Ohio

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