Valley Lumber Co. v. McGilvery
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for the County of Nez Perce. Hon. Edgar C. Steele, Judge. Action to recover a debt. Judgment for defendants.
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APPEAL from the District Court of the Second Judicial District, for the County of Nez Perce. Hon. Edgar C. Steele, Judge. Action to recover a debt. Judgment for defendants. The lower court erred in not sustaining the plaintiff’s demurrer to the defendant’s affirmative defenses, for the reason that the defendants have set up a special defense in avoidance, alleging a purported agreement by which the agent for the plaintiff bound the plaintiff to answer for the debt of another, and that there is no allegation therein taking said agreement out of the provisions, subd. 2 of sec. 6009, Rev. Codes.…
1Opinion
ON REHEARING.
SULLIVAN, C. J.
A rehearing was granted in this ease, and it is contended by counsel for the petitioner that the court erred, as a matter of law, in holding that “The vice-president of a corporation, acting as president and general manager of a corporation, has authority to sell the stock in trade of a corporation in the ordinary course of business of such corporation, and to receive and accept in payment therefor cash or accounts against any other person,” and in holding that “Where there is no limitation upon the power of a vice-president of a corporation, acting as president…
2Cases cited1 opinion
- Nichols & Shepard Co. v. HackneySupreme Court of Minnesota · 1900