Agle v. Standard Drug Co.
Montana Supreme Court
Appeal from District Court, Deer Lodge County j Welling Napt on, Judge. ActioN by Mary J'anei Agle against the Standard Drug Company. From a judgment in favor of plaintiff, defendant appeals. ■ The power given to a business manager of a corporation to transact its business, does not authorize him to bind the cor.pb-ration, as maker of a negotiable promissory note. The note in this case, not being primo, facie binding on the defendant, should have been excluded.
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Appeal from District Court, Deer Lodge County j Welling Napt on, Judge. ActioN by Mary J'anei Agle against the Standard Drug Company. From a judgment in favor of plaintiff, defendant appeals. ■ The power given to a business manager of a corporation to transact its business, does not authorize him to bind the cor.pb-ration, as maker of a negotiable promissory note. The note in this case, not being primo, facie binding on the defendant, should have been excluded. (Helena JSTaiJl Bank v. B. M. T. Co., 20 Mont. 388; Trent v. Sherlock, 24 Mont. 267; Spelmafa v. Mining Co., 66 Pac. 590; Oak Hrove…
1Opinion of the CourtJustice Milburn
*114This is an appeal from the judgment for plaintiff. The plaintiff sued defendant to recover the sum of $200 and interest, alleging that on the 19th day of July, 1898, the defendant corporation made and delivered to her its promissory note in- words and figures as follows:
“$200.00. July 19, 1898. One day after date we promise to pay to the order of Mary Jane Ag'le two- hundred and 00-100 dollars at one per cent, per month. Value received. No. 4,376. Due one day. Standard Drug Oo. A. L. Holly, Sec.”
Plaintiff avers that the note is evidence of $200 furnished to the defendant and received and used…
2Cases cited2 opinions
- Trent v. SherlockMontana Supreme Court · 1900
- Trent v. SherlockMontana Supreme Court · 1901