Des Moines Manufacturing & Supply Co. v. Tilford Milling Co.
South Dakota Supreme Court
Appeal from circuit court, Meade county. Hon. A. J. Plowman, Judge. Action to foreclose a mechanic’s lien. Prom a judgment for defendants, plaintiff appeals. The facts are stated in the opinion. A corporation cannot avoid its obligation when, for instance, it has borrowed money and used it, on the ground that its officer who negotiated the loan was not properly authorized in the premises. Bank v. Piske, 60 N. H. 863; Wright v. Pipe Lum. Co., 101 Pa.
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Appeal from circuit court, Meade county. Hon. A. J. Plowman, Judge. Action to foreclose a mechanic’s lien. Prom a judgment for defendants, plaintiff appeals. The facts are stated in the opinion. A corporation cannot avoid its obligation when, for instance, it has borrowed money and used it, on the ground that its officer who negotiated the loan was not properly authorized in the premises. Bank v. Piske, 60 N. H. 863; Wright v. Pipe Lum. Co., 101 Pa. St. 204; Tyler v. Tualatin, 14 Or. 485; Schurr v. Invest. Co., 18 N. Y. Supp. 454. No mere stranger can be heard to deny the liability of a…
1Opinion of the CourtCorson, P. J.
This is an action to foreclose a mechanic’s lien. Morie H. Davis, executrix of the estate of Frank R. Davis, deceased, was the only defendant who filed an answer or defended the action. She claimed title to the property on which the lien was sought to be foreclosed under and by virtue of a sale of the same upon a mortgage given by the Tilford Milling Company to Frank R. Davis in his lifetime. The findings and judgment were in fa/or of the defendant Morie H. Davis, and the plaintiff appeals.
The evidence tended to prove that on January 2, 1889, Davis L. Chantry, Geo. B. McPherson, S. B. Miller,…
2Cases cited1 opinion
- Murray v. C. N. Nelson Lumber Co.Massachusetts Supreme Judicial Court · 1887
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- Standard Underground Cable Co. v. Southern Independent Telephone Co.Court of Appeals of Texas · 1911
- American National Bank v. Wheeler-Adams Auto Co.South Dakota Supreme Court · 1913
- Citizens Bank & Trust Co. v. McGaaSouth Dakota Supreme Court · 1924
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