Doniphan Oil & Gas Co. v. Lewis

HALL, Chief Justice.

Appellee Lewis sued the Doniphan Oil & Gas Company, a Texas corporation, to recover upon a promissory note in the principal sum of $2,125, which was past due. The note was signed “Doniphan Oil & Gas Company, by Walter G. Russell, President.” Plaintiff alleged that the president had actual authority to bind the company by said note, and in the alternative that he had apparent authority. He prayed for judgment for the full amount of the principal, interest, and attorney’s fees.

The substance of defendant’s answer is that plaintiff was not the owner of the note sued upon, but…