Dunlap v. Elks Social Club
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. The corporation is not bound by the act of the agent or officer, unless he had power under the charter or by-laws to bind it. Fountaine v. Garmanthen, 5 Eq. 316 (Law Rep.); Martin ». Great Falls Mfg. Go., 9 N. H. 51; Hayden v. Middlesex, etc., 10 Mass. 403. If -the officers, whose appropriate business it is to make loans, make unlawful loans, the corporation is not bound by their acts. Life Ins.
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Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. The corporation is not bound by the act of the agent or officer, unless he had power under the charter or by-laws to bind it. Fountaine v. Garmanthen, 5 Eq. 316 (Law Rep.); Martin ». Great Falls Mfg. Go., 9 N. H. 51; Hayden v. Middlesex, etc., 10 Mass. 403. If -the officers, whose appropriate business it is to make loans, make unlawful loans, the corporation is not bound by their acts. Life Ins. Go. v. Mechanic's Go., 7 Wend. 31. The president —or, in this case, the vice-president — of a corporation is not ex-officio authorized…
1Opinion of the CourtRombaueb, J.
This suit was brought upon an account for printing, etc., done and furnished, by the Times Printing House, .a corporation, to the defendant, which account was .assigned to the plaintiff prior to the institution of the suit.
The defendant claims that the account sued upon was incorrect and excessive, and that so much of it as was correct had been fully paid to the plaintiff ’ s assignor.
The account originally sued upon was for seven hundred and thirty dollars, with a credit of one hundred .and eighty dollars. It appearing on the trial that the bill was unquestionably- excessive, and that the…
2Cases cited7 opinions
- Henry v. McKerlieSupreme Court of Missouri · 1883
- Franz v. DietrickSupreme Court of Missouri · 1871
- Western Boatmen's Benevolent Ass'n v. KribbenSupreme Court of Missouri · 1871
- Ackley v. StaehlinSupreme Court of Missouri · 1874
- Gimbel v. PigneroSupreme Court of Missouri · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State ex rel. Bell v. YatesSupreme Court of Missouri · 1910
- Wilson v. Torchon Lace & Mercantile Co.Missouri Court of Appeals · 1912
- Johnson v. Suburban Realty Co.Missouri Court of Appeals · 1895
- Western Brass Manufacturing Co. v. MephamMissouri Court of Appeals · 1895