McCarrick v. Lenox Mining Co.
Utah Supreme Court
Appeal from District Court, Third District; Hon. Geo. G. Armstrong, Judge. Action by E. McCarrick against the Lenox Mining Company. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS.
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Appeal from District Court, Third District; Hon. Geo. G. Armstrong, Judge. Action by E. McCarrick against the Lenox Mining Company. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS. It is a well settled principle of law that a secretary of a corporation has no authority as such to issne notes for the corporation, and this court has announced the same doctrine in principle in the case of Lochwits v. Pine Tree Mining and Milling Company, 37 Utah 349. In the above case this court has stated the rule as follows, as applied to corporations organized under the laws of this State: "In…
1Opinion of the CourtCorfman, J.
This was an action brought by the plaintiff against the defendant corporation, as maker of a promissory note. A trial was had to the court, without a jury, resulting in a judgment for the plaintiff. Defendant appeals.
The complaint, after alleging the corporate existence of the defendant and the issuance and delivery of the note by defendant to plaintiff, sets out the note Jiaec verba bearing date January 8,1909, providing for the payment on demand of the sum of $436.52 with interest at the rate of twelve per cent, per annum from date, before and after judgment, and for $100 attorney’s fees,…
2Cases cited5 opinions
- Moore v. H. Gaus & Sons Manufacturing Co.Supreme Court of Missouri · 1892
- Lytle & Co. v. Bank of DothanSupreme Court of Alabama · 1898
- First National Bank v. Colonial Hotel Co.Supreme Court of Pennsylvania · 1910
- Lochwitz v. Pine Tree Mining & Milling Co.Utah Supreme Court · 1910
- Foster v. Ohio-Colorado Reduction & Mining Co.U.S. Circuit Court for the District of Colorado · 1883
3Cited by4 opinions
- Baker v. LatsesUtah Supreme Court · 1922
- Passow & Sons v. WetherbeeUtah Supreme Court · 1917
- Mollerup v. Daynes-Beebe Music Co.Utah Supreme Court · 1933
- J. Nebeker & Son v. Los Angeles & S. L. R.Utah Supreme Court · 1940