Weiss v. Fred Bender Store Fixture Co.

Appellate Court of Illinois

Weiss v. Fred Bender Store Fixture Co.

207 Ill. App. 72, 1917 Ill. App. LEXIS 546

CourtAppellate Court of Illinois

DecidedJune 27, 1917

DocketGen. No. 22,251

StatusPublished

This text of 207 Ill. App. 72 (Weiss v. Fred Bender Store Fixture Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weiss v. Fred Bender Store Fixture Co., 207 Ill. App. 72, 1917 Ill. App. LEXIS 546 (Ill. Ct. App. 1917).

Pincite

Opinion

Mr. Justice O’Connor

delivered the opinion of the court.

4. Corporations, § 439* — when evidence sufficient to show authority of officer to execute guaranty. Where it appears that a guaranty by a corporation which was intra vires was executed by its secretary and treasurer who owned forty-eight per cent, of the capital stock and was also manager of the company, and there was other evidence showing that the execution was authorized, a finding that he had authority to execute the guaranty is warranted. 5. Corporations, § 442* — when corporation estopped to deny authority of officers to execute guaranty. A corporation which has received the benefits of a guaranty executed by one of its officers' on its behalf, and which was within its corporate powers, will not be heard to deny the officer’s authority to execute the guaranty.

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Mr. Justice O’Connor

delivered the opinion of the court.

4. Corporations, § 439* — when evidence sufficient to show authority of officer to execute guaranty. Where it appears that a guaranty by a corporation which was intra vires was executed by its secretary and treasurer who owned forty-eight per cent, of the capital stock and was also manager of the company, and there was other evidence showing that the execution was authorized, a finding that he had authority to execute the guaranty is warranted. 5. Corporations, § 442* — when corporation estopped to deny authority of officers to execute guaranty. A corporation which has received the benefits of a guaranty executed by one of its officers' on its behalf, and which was within its corporate powers, will not be heard to deny the officer’s authority to execute the guaranty.

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Bluebook (online)

207 Ill. App. 72, 1917 Ill. App. LEXIS 546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiss-v-fred-bender-store-fixture-co-illappct-1917.