Pope v. Risley
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. This was a writ upon certain promissory notes, purporting to Have been executed “for the St. Croix Lumber Company,” an association and copartnership of which defendants were alleged to be members. The notes were signed thus : “for the St. Croix Lumber Company. H. S. Wells, sec’y.”
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Error to St. Louis Court of Common Pleas. This was a writ upon certain promissory notes, purporting to Have been executed “for the St. Croix Lumber Company,” an association and copartnership of which defendants were alleged to be members. The notes were signed thus : “for the St. Croix Lumber Company. H. S. Wells, sec’y.” It is unnecessary to set forth the evidence introduced on the trial, as the points decided can be readily understood from the’ opinion of the court. cited 20 Mo. 530; 4T.B. 516 ; 1 Denio, 445.
1Opinion of the Court
Scott, Judge,
delivered tbe opinion of the court.
There is nothing in the evidence preserved in the bill of exceptions which shows that there was any express authority in the agent of the St. Croix Lumber Company to sign promissory notes in its name; nor is there any thing showing that the agent was entrusted with the management of any such business as would incidentally confer an authority to execute notes in the name of his constituents ; neither was it maintained that, as a matter of law, a mere clerk or secretary had authority to bind his employer by signing notes in his name. Under these…
2Cases cited2 opinions
- Keeton's Heirs v. Keeton's AdministratorSupreme Court of Missouri · 1855
- Wahrendorff & Ober v. WhitakerSupreme Court of Missouri · 1822
3Cited by7 opinions
- Dowzelot v. RawlingsSupreme Court of Missouri · 1874
- Baldwin v. WalserMissouri Court of Appeals · 1890
- Love v. Central Life InsuranceMissouri Court of Appeals · 1902
- Preston v. FoellingerU.S. Circuit Court for the District of Indiana · 1885
- First Nat. Bank of Elyria v. Equipment Co.Missouri Court of Appeals · 1926
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