Gilbert v. Miller

These actions were instituted to recover upon two promissory notes, each for the sum of $750, one executed by the defendant Miller and the other executed by the defendant Baird, in favor of the Oak Forest Development Association, a corporation. Judgment went for the defendants in each action, and plaintiffs appeal therefrom. There is practically no dispute as. to the facts of the case. They are substantially as follows: The plaintiffs claimed that said association' was indebted to them in the sum of $1,500 for legal services performed by them for said association. They demanded a settlement of their claim, and the secretary of said association, indorsed and delivered to them the two promissory notes sued on. The notes were indorsed “Oak Forest Development Association, by A. E. Place, Secretary. ’ ’ The secretary had no authority from the board of directors of said association to indorse said notes, nor to deliver them to the plaintiffs, nor was his act, in indorsing and delivering said notes to the plaintiffs, ever ratified by said board of directors. Neither was there any provision in the by-laws of said association whereby any authority was conferred upon the secretary of said.…