Legal Opinion

First National Bank v. Hogan

Supreme Court of Missouri

Decided March 15, 1871PublishedCited by 12 opinions

Appeal from St. Louis Circuit Court. I. . The authority of the secretary was not specifically denied. (20 Barb. 472; 32 Barb. 294; Dover v. Pacific R.R., 31 Mo. 488.) The case of Wynn v. Cory, 43 Mo. 301, is not opposed to the above case, nor is it authority in support of the answer in this case. II. The authority of the agent of a corporation to act, like that of a natural person, may be implied in general from his being held out as an authorized agent of the corporation.

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Appeal from St. Louis Circuit Court. I. . The authority of the secretary was not specifically denied. (20 Barb. 472; 32 Barb. 294; Dover v. Pacific R.R., 31 Mo. 488.) The case of Wynn v. Cory, 43 Mo. 301, is not opposed to the above case, nor is it authority in support of the answer in this case. II. The authority of the agent of a corporation to act, like that of a natural person, may be implied in general from his being held out as an authorized agent of the corporation. (Ang. & Ames on Corp., 5th ed., 313, and cases cited; id., § 284 ; Bank of United States v. Dandridge, 12 Wheat. 64; Hope…

1Opinion of the CourtCurrier, Judge

The defendant was sued upon his supposed liability as a stockholder in the National Insurance Company of St. Louis. The suit was founded upon a draft or bill of exchange alleged to have been executed by the insurance company. The form of the allegation was that the company, “by its draft, in writing, signed by its secretary,” made the obligation sued on. The answer seeks to put in issue the facts here alleged by denying that the company, “by its draft, in writing, signed by its secretary,” executed the obligation as alleged. The denial'is inartistic, but sufficient under our system of…

2Cases cited2 opinions

  1. Wynn v. CorySupreme Court of Missouri · 1869
  2. Westlake v. MooreSupreme Court of Missouri · 1854

3Cited by12 opinions

  1. City Electric Street Railway Co. v. First National Exchange BankSupreme Court of Arkansas · 1896
  2. City of Chicago v. SteinIllinois Supreme Court · 1911
  3. Elkhart Hydraulic Co. v. TurnerIndiana Supreme Court · 1908
  4. In re Annin & Co.Court of Appeals for the Second Circuit · 1938
  5. Bank of Otterville v. Bank of BoonvilleMissouri Court of Appeals · 1929

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