Barrell

Barrell v. Lake View Land Co.

Good Law
122 Cal. 129·1898 Cal. LEXIS 546·54 P. 594
Supreme Court of CaliforniaSeptember 20, 1898L. A. No. 364California1,472 words

Opinion

Lead Opinion

Harrison, J.

The plaintiff brought this action upon the following promissory note of the- defendant, which had been transferred to him before its maturity:

*131 The defendant denied the execution of the note, and alleged that the signatures thereto were without authority from the hoard of directors of the corporation. The court found in accordance with the averments of the complaint and against the allegations of the answer. The defendant has appealed from the judgment and from an order denying a new trial.

At the trial, when the plaintiff offered the note in evidence, the defendant objected thereto upon the ground that it had not been shown that Main was the secretary of the corporation. It was admitted that at the date of the note Brown was president -of the corporation, and he testified that he signed and delivered the note to the payee, and that Main signed the note and affixed the seal of the company thereto. - It was also shown from the records of the meetings of the board of directors, which were produced by the secretary of the defendant, that at a meeting of said board held at Bedlands, March 17, 1894, the following resolution was adopted: “On motion of W. A. Main, seconded by E. C.…

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