Phillips v. Interstate Land Co.
Supreme Court of North Carolina
Appeal by defendant from Webb, J., at April Term, 1917, of Scot-LAND. This is an action upon a note, begun by the plaintiffs’ testator. Before his death, and at his instance, A. A. James, the president, and W. L. Fields, secretary of defendant company, were examined before the clerk, • under Bevisal, 865 and 866. Their testimony was taken down in writing by the clerk, said Morgan being present, and filed in the case.
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Appeal by defendant from Webb, J., at April Term, 1917, of Scot-LAND. This is an action upon a note, begun by the plaintiffs’ testator. Before his death, and at his instance, A. A. James, the president, and W. L. Fields, secretary of defendant company, were examined before the clerk, • under Bevisal, 865 and 866. Their testimony was taken down in writing by the clerk, said Morgan being present, and filed in the case. The plaintiffs’ testator filed his complaint, declaring upon the note. The answer .alleged that the note was invalid as against the defendant, for the reason that it was an…
1Opinion of the CourtClark, C. J.
It is true that the president of the corporation is ex vi termini its general agent. Bank v. Oil Co., 157 N. C., 307; Davis v. Ins. Co., 134 N. C., 60. But his authority may be restricted by the by-laws of the corporation or its charter, and when the authority of the president to bind the corporation is challenged, his authority can be shown by proof, and it should be left to the jury to determine from the evidence whether the power exercised by the president was restricted in this case by its by-laws (Bank v. Bank, 10 Wallace, 644), and it was error to exclude evidence of such by-laws, and…
2Cases cited14 opinions
- Barnhardt v. . SmithSupreme Court of North Carolina · 1882
- State v. Ledford.Supreme Court of North Carolina · 1903
- Coates Bros. v. . WilkesSupreme Court of North Carolina · 1885
- Hammond v. SchiffSupreme Court of North Carolina · 1888
- Coughlin v. HaeusslerSupreme Court of Missouri · 1872
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hayes v. RicardSupreme Court of North Carolina · 1956
- State v. . WilsonSupreme Court of North Carolina · 1918
- Burlington Industries, Inc. v. FoilSupreme Court of North Carolina · 1974
- Nance v. Western Union Telegraph Co.Supreme Court of North Carolina · 1919
- Tuttle v. Junior Building Corp.Supreme Court of North Carolina · 1948
13 more not listed; retrieve them via the Exa API.