Mayor of Little Rock v. State Bank
Supreme Court of Arkansas
Writ of Error to the Circuit Court of Pulaski County. Debt, by the Bank of the State of Arkansas against the Mayor and Aldermen of the city of Little Rock, determined in the Pulaski Circuit Court, in May, 1846. There are two counts in the declaration: the first merely alleging that defendants, as a corporation, by their Mayor, executed the bond sued on to plaintiff under their corporate seal: the second count alleges that the Mayor and Aldermen of the city passed a…
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Writ of Error to the Circuit Court of Pulaski County. Debt, by the Bank of the State of Arkansas against the Mayor and Aldermen of the city of Little Rock, determined in the Pulaski Circuit Court, in May, 1846. There are two counts in the declaration: the first merely alleging that defendants, as a corporation, by their Mayor, executed the bond sued on to plaintiff under their corporate seal: the second count alleges that the Mayor and Aldermen of the city passed a resolution authorizing the Mayor to borrow five hundred dollars from the Bank, and give the note of the corporation therefor; and…
1Opinion of the Court
Conway B, Judge.
The only question presented in this case is, whether the Gircuit Gourt decided correctly in sustaining the bank’s demurrer to the plea of non est factrnn. The plea was good and the court ought to have overruled the demurrer to it. If the bank wished to avail herself of the objection, that it was not properly sworn to, she ought not to have demurred to it, but moved the court to strike it from the rolls. '
When an agent’s authority is particular, he must pursue it. If he vary from it, what he does is void as to the principal. Paley on Agency, 150. Salk. 96. 1 Dows Rep. 40."
The…
2Cited by1 opinion
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