Markham v. Loveland
Oregon Supreme Court
Prom Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by L. B. Markham against P. G. Loveland and .Rothchild Bros., a corporation. The plaintiff declares in the usual form on a promissory note which he says was executed by the defendants Loveland and Rothchild Bros., a corporation, by Fred H. Rothchild, president, pursuant to the authority vested in said officer by said corporation.
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Prom Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by L. B. Markham against P. G. Loveland and .Rothchild Bros., a corporation. The plaintiff declares in the usual form on a promissory note which he says was executed by the defendants Loveland and Rothchild Bros., a corporation, by Fred H. Rothchild, president, pursuant to the authority vested in said officer by said corporation. He alleges “that at all times herein mentioned the defendant Rothchild Bros, was and now is a trading corporation, organized and existing under the laws of the…
1Opinion of the CourtJustice Burnett
It will be noted that the issue is narrowed to the question of whether or not the corporation executed the note. There is no plea of ultra vires, of payment, or of want of consideration. Without objection plaintiff read in evidence certain by-laws of the defendant corporation and excerpts from the minutes of a meeting of the board of directors. It appears in the former, among other things, that the president “shall sign all deeds and contracts on behalf of the corporation, and shall have a general charge and supervision over the business of the company and over its officers and employees.”…
2Cases cited1 opinion
- Columbia Nav. Co. v. Vancouver Trans. Co.Oregon Supreme Court · 1898
3Cited by4 opinions
- In re Wilson's EstateOregon Supreme Court · 1917
- St. Johns Lumber Co. v. PritzOregon Supreme Court · 1915
- Mann v. W. A. Gordon Co.Oregon Supreme Court · 1915
- First Nat. Bank of Burns v. FrazierOregon Supreme Court · 1933