Legal Opinion

Boston Tailoring House v. Fisher

Appellate Court of Illinois

Decided June 24, 1895PublishedCited by 2 opinions

Assumpsit.—Appeal from the Circuit Court of Cook County; the Hon. Elbridgb Hanecy, Judge, presiding. Heard in this court at the March term, 1895.

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion oe the Court.

That the president of a corporation has no authority to execute a power of attorney authorizing one to confess judgment for it, is undisputed.

In the present case suit was regularly brought against the corporation, and service was duly had upon it by, as the statute points out, reading the summons to the president of the company.

Such being the situation, what was the duty and what the power of the president ?

If the claim was just and the company had no defense thereto, it was not his duty to deny its justness or to defend the…

2Cases cited3 opinions

  1. Town of Lyons v. CooledgeIllinois Supreme Court · 1878
  2. Chamberlin v. Mammoth Mining Co.Supreme Court of Missouri · 1854
  3. Millard v. MarmonIllinois Supreme Court · 1886

3Cited by2 opinions

  1. Maher v. Title Guarantee & Trust Co.Appellate Court of Illinois · 1901
  2. Krickow v. Pennsylvania Tar Mfg. Co.Appellate Court of Illinois · 1900

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