46 Cal. 91, 3,727, Carpenter v. Biggs

Docket Nº3,727
Citation46 Cal. 91
Party NameJOHN CARPENTER v. A. R. BIGGS et al.
AttorneyG. W. Tyler, for Appellant. A. M. Crane, for Respondents.
Case DateApril 01, 1873
CourtSupreme Court of California

Page 91

46 Cal. 91

JOHN CARPENTER

v.

A. R. BIGGS et al.

No. 3,727

Supreme Court of California

April, 1873

Page 92

[Syllabus Material]

Page 93

Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco.

The " Jennie A. Consolidated Mining Company" was incorporated under the laws of California, and owned and worked a mine near Hamilton, State of Nevada. In the Spring of 1770 A. R. Biggs was appointed Superintendent of the mine. His powers as Superintendent were in no way defined by any resolution of the Directors of the corporation, but he was instructed by letters and otherwise from the officers of the company, not to contract any debt, but merely to expend such money as might be furnished him; but these instructions were not known to the plaintiff or his assignors. Biggs worked the mine until December, 14th, 1870, and the workmen he employed boarded with Morton & Wells, who kept a boarding house, until the workmen owed Morton & Wells one thousand one hundred and thirty-three dollars and nine cents for board. The company owed the men for work, and the Superintendent agreed that the company should pay Morton & Wells, and the amount should be charged to the workmen. All parties consented to this, and the Superintendent gave Morton & Wells the following notes:

" Hamilton, December 13th, 1870.

" Twenty days after date, the Jennie A. Consolidated Mining Company promise to pay to the order of Messrs. Morton & Wells, in United States gold coin, five hundred and sixty-six dollars and fifty four cents, for value received. " $ 566 54.

A. R. BIGGS,

" Superintendent."

" Hamilton, December 13th, 1870.

" Thirty days after date, the Jennie A. Consolidated Mining Company promise to pay to the order of Messrs. Morton & Wells, in United States gold coin, five hundred and sixty-six dollars and fifty-five cents, for value received. " $ 566 55.

A. R. BIGGS,

" Superintendent."

Morton & Wells transferred the notes to the plaintiff, by the following indorsement on the back of each:

" Pay to John Carpenter, for value received.

" MORTON & WELLS."

This action was brought against the stockholders of the corporation on said notes.

The defendants had judgment in the Court below, and the plaintiff appealed.

COUNSEL:

G. W. Tyler, for Appellant.

...

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2 practice notes
  • 95 Cal. 1, 14658, Consolidated Nat'l Bank v. Pacific Coast Steamship Co.
    • United States
    • California Supreme Court of California
    • June 15, 1892
    ...National Bank , 39 Mich. 644; Mining Co. v. National Bank, 1 Col. 531; 2 Col. 565; Breed v. National Bank, 4 Col. 481; Carpenter v. Biggs , 46 Cal. 92.) If the agent of a corporation has no authority to perform an act, except under extraordinary circumstances, the company is not bound by su......
  • 39 Mich. 644 (Mich. 1878), New York Iron Mine v. First National Bank of Negaunee
    • United States
    • Michigan Supreme Court of Michigan
    • November 21, 1878
    ...Bank, 1 Col. 531: 2 Col. 570; In re German Mining Co., 19 E. L. & E., 599; Hawtayne v. Bourne, 7 M. & W., 595; Carpenter v. Biggs, 46 Cal. 91; Lawrence v. Gebhard, 41 Barb. 575; Sewanee Mining Co. v. McCall, 3 Head 619; Benedict v. Lansing, 5 Den. 283; Silliman v. F. O. & C. R. ......
2 cases
  • 95 Cal. 1, 14658, Consolidated Nat'l Bank v. Pacific Coast Steamship Co.
    • United States
    • California Supreme Court of California
    • June 15, 1892
    ...National Bank , 39 Mich. 644; Mining Co. v. National Bank, 1 Col. 531; 2 Col. 565; Breed v. National Bank, 4 Col. 481; Carpenter v. Biggs , 46 Cal. 92.) If the agent of a corporation has no authority to perform an act, except under extraordinary circumstances, the company is not bound by su......
  • 39 Mich. 644 (Mich. 1878), New York Iron Mine v. First National Bank of Negaunee
    • United States
    • Michigan Supreme Court of Michigan
    • November 21, 1878
    ...Bank, 1 Col. 531: 2 Col. 570; In re German Mining Co., 19 E. L. & E., 599; Hawtayne v. Bourne, 7 M. & W., 595; Carpenter v. Biggs, 46 Cal. 91; Lawrence v. Gebhard, 41 Barb. 575; Sewanee Mining Co. v. McCall, 3 Head 619; Benedict v. Lansing, 5 Den. 283; Silliman v. F. O. & C. R. ......