Francis

Francis v. Western Screen Co.

Good Law
22 Cal. App. 32·133 P. 327
Court of Appeal of CaliforniaMay 8, 1913Civ. No. 1257.California837 words

Opinion

Lead Opinion

James, J.

Appeal from a judgment entered in favor of plaintiff and an order denying appellant’s motion for a new trial. The suit was upon a promissory note made in favor of John A. Roebling’s Sons Company and signed “Western Screen Company, C. P. Dandy, Mgr.” At the date of the making of the note the Western Screen Company was indebted to the payee for merchandise furnished at various times in an amount equal to the principal sum named in the note. The agent of this payee having failed to secure a settlement of the account, requested that it be placed in some definite condition, in response to which request the note sued upon was executed and given. It appears from the evidence that the board of directors of appellant, in the year 1911, adopted a general resolution authorizing the employment of Dandy as manager, which resolution recited that said Dandy was “to handle the business and all its details, . . . and do all the business of every nature, and employ such assistants as he may deem necessary, and arrange for compensation of all employees.” Dandy testified that he acted for appellant in the transactions had with the Robeling’s Company and that he executed the promissory note as before…

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