Firestone Tire & Rubber Co. v. C. E. Herrick, Inc.

This is an appeal by defendant from a judgment in favor of plaintiff for the sum of $376.92, the amount of two orders for the payment of money accepted by defendant, together with interest and costs.

But two points are urged in support of the appeal, neither of which can be seriously entertained.

The first is the alleged error of the trial court in overruling defendant’s demurrer to the complaint. It is claimed that the complaint failed to state a cause of action for the reason that it contained no allegation “that the defendant corporation by its duly authorized officer or agent indorsed the acceptance on the instrument sued upon as agent or officer for the corporation. ’ ’ But it is alleged directly in the complaint as to each of the two orders in question that “defendant in writing accepted said order and promised to pay the same.” The ultimate fact to be alleged and proven was the acceptance of the orders by the corporation; and while the proof of such an allegation would consist in showing that the person exe euting the acceptance was thereunto duly authorized, no averment of such authorization was necessary in the complaint. As was said in the ease of Topeka Capital Co. v.…