Peek v. Skelley Lumber Co.
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Chief Justice Eakin. This is an action by G. W. Peek against the Skelley Lumber Company, a corporation, to recover on a promissory note for the sum of $1,389.38. Defendant is a corporation organized under the laws of Oregon, doing business in Douglas County.
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From Douglas: James W. Hamilton, Judge. Statement by Mr. Chief Justice Eakin. This is an action by G. W. Peek against the Skelley Lumber Company, a corporation, to recover on a promissory note for the sum of $1,389.38. Defendant is a corporation organized under the laws of Oregon, doing business in Douglas County. Plaintiff had sued defendant in Douglas County and also in San Francisco, California, upon an alleged debt of about $4,000. On February 10, 1909, while these actions were pending, the subject of the litigations was compromised between them for the sum of $1,350, for the payment of…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
There is but one question before us: Had the president authority to sign the note? and this seems to be determined in favor of the plaintiff by the language of Article 4, Section 3, of the by-laws, by which he is made the general executive officer of the corporation and is given general charge of the business affairs of it, and is authorized to sign promissory notes on its behalf. By the' succeeding clause, it is provided that he shall have no power to incur indebtedness, but in this case the liability was incurred by the corporation which was adjusted and…
2Cases cited2 opinions
- Crawford v. Albany Ice Co.Oregon Supreme Court · 1900
- Baines v. Coos Bay Navigation Co.Oregon Supreme Court · 1904
3Cited by2 opinions
- Du Bois-Matlack Lumber Co. v. Henry D. Davis Lumber Co.Oregon Supreme Court · 1935
- Wilson v. Investment Co.Oregon Supreme Court · 1916