Jenson v. Toltec Ranch Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Utah. Bill by Joseph M. Jenson against the Toltec Ranch Company and the Box Elder Power & Light Company. Decree for defendants, and complainant appeals. The Toltec Ranch Company was a corporation of the state of California, empowered to buy, sell, mortgage, and deal in land, live stock, and general merchandise.
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Appeal from the Circuit Court of the United States for the District of Utah. Bill by Joseph M. Jenson against the Toltec Ranch Company and the Box Elder Power & Light Company. Decree for defendants, and complainant appeals. The Toltec Ranch Company was a corporation of the state of California, empowered to buy, sell, mortgage, and deal in land, live stock, and general merchandise. Its home office was in San Francisco; but all its property was situated and all its business was conducted in the state of Utah by D. P. Tar-pey, who was its president, general manager, and treasurer, who was…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as abové). A •corporation, like an individual, is bound to innocent third persons who act without reasonable cause to believe that a defect of power exists, by the apparent authority with which it clothes its agent within the scope of his general authority and within the powers of the corporation, to the same extent as by the actual power it confers upon him. Merchants’ Bank v. State Bank, 77 U. S. 604, 644, 19 L. Ed. 1008; Chicago, St. Paul, Minneapolis & Omaha Ry. Co. v. Bryant, 65 Fed. 969, 973, 13 C. C. A. 249, 253; Dysart v. Missouri, Kansas & Texas Ry. Co., 122…
2Cases cited38 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Armstrong v. TolerSupreme Court of the United States · 1826
- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
- Martin v. WebbSupreme Court of the United States · 1884
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3Cited by13 opinions
- American Nat. Bank of Sapulpa v. BartlettCourt of Appeals for the Tenth Circuit · 1930
- Ratcliff v. ClendeninCourt of Appeals for the Eighth Circuit · 1916
- Mechanics' Ins. Co. of Philadelphia v. C. A. Hoover Distilling Co.Court of Appeals for the Eighth Circuit · 1910
- Central Republic Trust Co. v. EvansIllinois Supreme Court · 1941
- Ellis Canning Company v. BernsteinDistrict Court, D. Colorado · 1972
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