Johnston v. Milwaukee & Wyoming Investment Co.
Nebraska Supreme Court
Error from the district court of Merrick county. Tried below before Sullivan, J. See statement in opinion and a former report in 35 Neb., 554. A manager of a live stock company would have authority to sell its cattle without any provision in the charter or by-laws creating the office of manager. (Hamm v. Drew, 83 Tex., 77.) Every person dealing with a corporation is bound to take notice of its by-laws as well as of its articles of incorporation.
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Error from the district court of Merrick county. Tried below before Sullivan, J. See statement in opinion and a former report in 35 Neb., 554. A manager of a live stock company would have authority to sell its cattle without any provision in the charter or by-laws creating the office of manager. (Hamm v. Drew, 83 Tex., 77.) Every person dealing with a corporation is bound to take notice of its by-laws as well as of its articles of incorporation. (Bockover v. Life Association of America,.77 Va., 91; Bocock v. Alleghany Coal & Iron Co., 82 Va., 920; Relfe v. Rundle, 103 U. S., 222.) The…
1Opinion of the Court
Irvine, C.
This was an action of replevin for 250 head of cattle by the defendant in error against the plaintiffs in error. On *485the first trial there was a verdict and judgment in favor of the defendants in the district court. This judgment was reversed by this court. (Milwaukee & Wyoming Investment Co. v. Johnston, 35 Neb., 554.) The case has been retried, resulting in a verdict and judgment for the plaintiffs/,-and the defendants now prosecute error. The evidence is substantially the same as on the first trial) and the facts having been stated somewhat in detail in the former opinion, we…
2Cases cited4 opinions
- Rathbun v. . SnowNew York Court of Appeals · 1890
- Bockover v. Life Ass'n of AmericaSupreme Court of Virginia · 1883
- Milwaukee & Wyoming Investment Co. v. JohnstonNebraska Supreme Court · 1892
- Bocock's Ex'or v. Alleghany Coal & Iron Co.Supreme Court of Virginia · 1887
3Cited by40 opinions
- Kilborn v. Prudential InsuranceSupreme Court of Minnesota · 1906
- Campbell v. GowansUtah Supreme Court · 1909
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Harrison v. LegoreSupreme Court of Iowa · 1899
- Erickson v. Civic Plaza National Bank of Kansas CityMissouri Court of Appeals · 1967
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