Hyde v. Larkin
Missouri Court of Appeals
Appeal from, the Jackson Circuit Court. — Hon. Turner A. Gill, Judge. (1) The president of Star Coal and Mining Company had no power by virtue of his office to sell the personal or other property of the company or to assign the account sued upon, even if it were to pay a debt due from the company to plaintiff. Bank v. Farmers' L. & T. Co., 14 Wis. 329 ; Asher v. Sutton, 3 Am. & Eng. Corp. Cases (342) 344-6; Olney v. Chadsey, 7 R. I. (224) 228 ; Gashwiler n. Willis, 33 Cal.
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Appeal from, the Jackson Circuit Court. — Hon. Turner A. Gill, Judge. (1) The president of Star Coal and Mining Company had no power by virtue of his office to sell the personal or other property of the company or to assign the account sued upon, even if it were to pay a debt due from the company to plaintiff. Bank v. Farmers' L. & T. Co., 14 Wis. 329 ; Asher v. Sutton, 3 Am. & Eng. Corp. Cases (342) 344-6; Olney v. Chadsey, 7 R. I. (224) 228 ; Gashwiler n. Willis, 33 Cal. (11) 18, 24 ; Railroad v. James, 22 Wis. 198; Titus & Schudder n. Railroad, 37 N. J. Law, 102; Hoyt v. Thompson, 1 Seld.…
1Opinion of the CourtEllison, J.
The facts necessary to be stated to an understanding of the contested point in this case are, that the Star Coal and Mining Company was a domestic corporation engaged in mining and selling coal. That defendant Larkin owed the company an account for coal, the sum of five hundred and sixty dollars. That the corporation had a president and general manager who borrowed a sum of money of plaintiff and, as security therefor, assigned to him the account against defendant. That the money so borrowed of plaintiff was used by the president in paying hands engaged in the service of the corporation.
It…
2Cases cited10 opinions
- Sherman v. FitchMassachusetts Supreme Judicial Court · 1867
- Stow v. WyseSupreme Court of Connecticut · 1828
- New York Iron Mine v. First National BankMichigan Supreme Court · 1878
- Lyndeborough Glass Co. v. Massachusetts Glass Co.Massachusetts Supreme Judicial Court · 1873
- McKiernan v. LenzenCalifornia Supreme Court · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- City Electric Street Railway Co. v. First National Exchange BankSupreme Court of Arkansas · 1896
- Cassville Roller Milling Co. v. Aetna InsuranceMissouri Court of Appeals · 1904
- Elkhart Hydraulic Co. v. TurnerIndiana Supreme Court · 1908
- Hadden v. LinvilleCourt of Appeals of Maryland · 1897
- Smith v. RichardsonMissouri Court of Appeals · 1898
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