Gause v. Commonwealth Trust Co.

• Greenbaum, J.

The alleged contract upon which plaintiff seeks to hold the defendant liable for damages is set forth in Gause v. Commonwealth Trust Co., 111 App. Div. 530. The testimony is uncontradicted that the vice-president of the defendant corporation, with the consent of its president, but *112without the knowledge or authority of the hoard of directors or its other officers, signed the paper writing in question in the name of the corporation and affixed thereto its corporate seal. The meaning of the instrument, if valid, was to guaranty the plaintiff, who was the owner of certain bonds and…