Mackay
Norma Mining Co. v. Mackay
Opinion
lead Opinion
Girbert, J.
(after stating the facts as above). It is contended that the finding that the notes and mortgages are valid obligations of the appellant is erroneous: First, because of failure of proof that Root, the president, was authorized to execute the same; and, second, because of failure of proof that any corporate purpose was served thereby, or that any consideration was received therefor. The records of the appellant contain no mention of authority to execute either of the notes or mortgages. There was parol evidence, however, that meetings were had for that purpose, and that both at meetings of the board of directors and at meetings of the shareholders, representing all the stock, the execution of the notes and mortgages was duly authorized. There was some testimony to the contrary, but we find no ground to disturb the conclusion of the trial court upon the conflicting evidence. As to the first mortgage, the finding is corroborated by a, paper which was inserted in the record book, and which contains the minutes of a meeting of the stockholders and a meeting of the directors of the appellant in July, 1913, signed by the secretary of the company, reciting that ail shares were…