Poitevin v. Refund Cash Grocery, Inc.

— The respondent sold an automobile to M. A. Gilliam, secretary of the Refund Cash Grocery Company, in April, 1925, taking in payment therefor his check drawn on the company’s funds for $454 and an instalment note signed by him as secretary of the company for the balance. This note was immediately assigned by respondent to the General Motors Acceptance Corporation.

Gilliam had no authority to purchase the car for the Refund company and the president of the company, upon learning of the transaction, stopped payment on the check. Later, however, the Refund company agreed to keep the car and…