Christian Univ. v. Jordan
Citation | 29 Mo. 68 |
Parties | CHRISTIAN UNIVERSITY, Respondent, v. JORDAN, Appellant. |
Decision Date | 31 October 1859 |
Court | United States State Supreme Court of Missouri |
1. If a corporation to which the act to prevent illegal banking (R. C. 1855, p. 286) is applicable violate the same by receiving and passing bank notes of less denomination than five dollars, this violation may be pleaded in bar of any suit instituted by such corporation. (R. C. 1855, p. 288, § 9.)
2. To render a corporation responsible for the acts of its agent, a treasurer, in illegally receiving or passing bank notes of less denomination than five dollars, it is not necessary that the agent should have express authority from the corporation.
Appeal from Hannibal Court of Common Pleas.
This was a suit by the “Trustees of the Christian University” to recover certain instalments alleged to be due said University under a contract entered into by defendant, August, 1854. The defendant admitted the execution of the obligation sued upon, but pleaded that the plaintiff, by its officers and agents, had violated the act, approved December 8, 1855, to prevent illegal banking, &c., by passing and receiving, within the limits of this state, bank notes promising or ordering the payment of money, of less denomination than five dollars. The evidence bearing upon the question of the violation of this act is stated below in the opinion of the court. The cause was tried by the court without a jury. The defendant asked the court to give the following instructions: Of these instructions the court gave the third and fourth, and refused the others.
The court found for plaintiff.
Glover & Richardson, for appellant.
I. The act of an officer in the scope of his duty is an act of the corporation. The court erred in refusing the instructions asked.
Dryden & Lipscomb, for respondent.
I. The statute has no application to the plaintiff. If it does apply, there is not the slightest proof that the plaintiff authorized any of its agents to pay out or receive, within the limits of this state, bank notes, promising or ordering the payment of money, of less denomination than five dollars. The authority of the treasurer was to receive and pay out money under and in accordance with the law. His authority could be shown by the record of the corporation alone. (Angel & Ames, Corp. § 283.) The authority to violate law can not be presumed.
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