Degnan v. Thoroughman
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — lion. Pembroolc R. Filter aft, Judge. “A contract signed by tbe president and secretary of a private corporation will be presumed to be within the powers of these officers in the absence of evidence to the contrary.” The notes and assignments offered in evidence were prima facie the valid and authorized acts of the corporation. Winseott v. Investment Co., 63 Mo. App. 367; Mo. Eire Clay Wks. v. Ellison, 30 Mo.
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Appeal from St. Louis City Circuit Court. — lion. Pembroolc R. Filter aft, Judge. “A contract signed by tbe president and secretary of a private corporation will be presumed to be within the powers of these officers in the absence of evidence to the contrary.” The notes and assignments offered in evidence were prima facie the valid and authorized acts of the corporation. Winseott v. Investment Co., 63 Mo. App. 367; Mo. Eire Clay Wks. v. Ellison, 30 Mo. App. 67, loe. eit. 71; Bambrick v. Campbell, 37 Mo. App. 460. Hid the president and secretary of the Walsh Eubber Company have authority to…
1Opinion of the CourtBland, P. J.
The controversy in this case arises out of conflicting assignments made by the W. D. Walsh Eubber Company, a business corporation. One was a general assignment by deed to respondent of all of the assets of the corporation for the benefit of its creditors, dated January 5, 1898; the other assignments were of specific book accounts to the appellant as security for the payment of notes. TheMrst was made December 31,1897, to secure a promissory note of $584.95 ; the other dated January 5, 1898, was of the identical accounts described in the previous assignments and to secure a promissory note of…
2Cases cited9 opinions
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Sparks v. Dispatch Transfer Co.Supreme Court of Missouri · 1891
- Calumet Paper Co. v. Haskell Show Printing Co.Supreme Court of Missouri · 1898
- Hall v. Farmers & Merchants' BankSupreme Court of Missouri · 1898
- Musser v. JohnsonSupreme Court of Missouri · 1867
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3Cited by3 opinions
- Cassville Roller Milling Co. v. Aetna InsuranceMissouri Court of Appeals · 1904
- Cann v. Rector of Church of the RedeemerMissouri Court of Appeals · 1905
- Bacon Piano Co. v. Medcalf Jewelry & Music Co.Missouri Court of Appeals · 1931