Raub v. Blairstown Creamery Ass'n
Supreme Court of New Jersey
On cases certified from the Warren Circuit Court. The question certified for the advisory opinion of the-Supreme Court is as follows: The above-stated causes coming on to be heard upon rule-to show cause why the judgments entered therein should not be set aside and the executions issued thereon be set aside, om the application of L. Milton "Wilson, receiver of the said Blairstown Creamery Association, the defendants in said judgments named, and it appearing that the said…
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On cases certified from the Warren Circuit Court. The question certified for the advisory opinion of the-Supreme Court is as follows: The above-stated causes coming on to be heard upon rule-to show cause why the judgments entered therein should not be set aside and the executions issued thereon be set aside, om the application of L. Milton "Wilson, receiver of the said Blairstown Creamery Association, the defendants in said judgments named, and it appearing that the said cases present questions of doubt and difficulty, I do hereby certify the said causes into the Supreme Court for its…
1Opinion of the Court
The opinion of the court was delivered by
Abbett, J.
This case cannot be distinguished, on principle, from the case of Stokes v. New Jersey Pottery Co., 17 Vroom 237. It was held in that case that the president of a corporation has no power, in virtue of his office as president, to execute a bond and warrant of áttorney for the entry of a judgment by confession against the corporation. The cognovit in terms is a confession of the action, and the right to give *265it does not come within the power the president has as the general agent of the company to direct and control its business, or where his…
2Cited by5 opinions
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- Monarch Refrigerating Co. v. Farmers' Peanut Co.Court of Appeals for the Fourth Circuit · 1935
- Wilmington Provision Co. v. SinskeyCourt of Chancery of Delaware · 1950
- Wilmington Provision Co. v. SinskeyCourt of Chancery of Delaware · 1950
- Sozio v. Poquessing Corp., Pennsylvania Court of Common Pleas, Bucks County1958