Linder Hardware Co. v. Pacific Sugar Corp.
Before: Beatty, Chipman
Synopsis
APPEAL from a judgment of the Superior Court of Tulare County, and from an order denying a new trial. W. B. Wallace, Judge.
The facts are stated in the opinion of the court.
Bradley & Bradley, and Gray, Barker, Bowen, Allen, Van Dyke & Jutten, for Appellant.
BEATTY, C. J.
I dissent from the order denying a rehearing. There was a plain and direct issue as to the assign
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ment of the note given by defendant to Studebaker Brothers Company, and the plaintiff was bound to make proof of that fact. In my opinion the proof was wholly insufficient. According to the weight of authority the treasurer of a trading corporation has no power as such to indorse the negotiable paper of the corporation for sale or discount, and here was no evidence of a special authority—no evidence even that Weaver was treasurer—no evidence of the genuineness of his signature. To hold that the assignment was proved in this case is, in my opinion, to establish a dangerous precedent.
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