Fidelity National Bank & Trust Co. v. Tootle-Campbell Dry Goods Co.
Supreme Court of Missouri
Appeal from Platte Circuit .Court. — Ron. Alonso D. Burns, Judge. (1) The court below erfed in giving plaintiff’s Instruction 3. (a) The instrument sued on was signed by C. R. Bernard as secretary for the defendant. In that capacity he had no authority to sign said instrument or any other instrument obligating the company to pay money, other than checks and drafts, as provided by defendant’s by-laws.
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Appeal from Platte Circuit .Court. — Ron. Alonso D. Burns, Judge. (1) The court below erfed in giving plaintiff’s Instruction 3. (a) The instrument sued on was signed by C. R. Bernard as secretary for the defendant. In that capacity he had no authority to sign said instrument or any other instrument obligating the company to pay money, other than checks and drafts, as provided by defendant’s by-laws. Bank v. Hogan, 47 Mo. 472; Sanders v. Chartrand, 158 Mo. 352; Fuller v. Tootle-Campbell D. G. Co., 189 Mo. App. 514. (.b) Since Bernard, as secretary, was without authority to bind the defendant…
1Opinion of the CourtHigbee, J.
— This suit was instituted by George W. Puller on the following contract addressed to him:
“In consideration of the agreement of George W. Fuller and Mrs. S. S. Fuller releasing any lien or claim which they may have against any of the assets now owned by "W. H. Fuller, amounting to approximately $28,500 and $22,500 respectively, and of their agreement not to demand payment of said claims from said W. H. Fuller or his estate until after all other existing creditors of said W. H. Fuller have been paid in full, we agree to purchase between now and January 1, 1913, the capital stock of the W. H.…
2Cases cited5 opinions
- St. Charles Savings Bank v. EdwardsSupreme Court of Missouri · 1912
- St. Louis Gunning Advertising Co. v. Wanamaker & BrownMissouri Court of Appeals · 1905
- Sanders v. ChartrandSupreme Court of Missouri · 1900
- Scotland County National Bank v. HohnMissouri Court of Appeals · 1910
- Fuller v. Tootle-Campbell Dry Goods Co.Missouri Court of Appeals · 1915
3Cited by5 opinions
- Coen v. American Surety Co. of New YorkCourt of Appeals for the Eighth Circuit · 1941
- First Nat. Bank of Elyria v. Equipment Co.Missouri Court of Appeals · 1926
- State Ex Rel. Electric Household Stores, Inc. v. HostetterSupreme Court of Missouri · 1935
- Shumake v. Basic Metals Mining Corp.Missouri Court of Appeals · 1939
- Coen v. American Surety Co. of New YorkCourt of Appeals for the Eighth Circuit · 1941