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· 6/10/1921

Citizen's National Bank v. Florida Tie & Lumber Co.

Citations

  • 81 Fla. 889

Syllabus

<p>1. Rule 20 of the Supreme Court requires the brief for the plaintiff in error to be in accordance with and confined to the distinct. specifications of error contained in the assignment of error and each ground of error insisted upon to be argued and separately presented and numbered in proper order with citations of authorities relied upon in support thereof.</p> <p>2. A general agent of a corporation cannot delegate to a subordinate agent the former’s authority to execute negotiable instruments on behalf of the corporation.</p> <p>3. Assignments of error not disqussed by counsel for plaintiff in error are considered as abandoned.</p> <p>4. There is no implied authority from a corporation to one of its officers to issue accommodation notes for third persons, although it might be bound by such obligations in the hands of a holder in due' course.</p> <p>5. Where the holder of a promissory note purporting to have been issued by a corporation by its treasurer for' the accommodation of a third person a co-partnership of which the treasurer executing the note was a partner and. such.fact is known to the holder of the note who discounted it before maturity, the burden is upon the holder to show that the treasurer making the note had authority from the corporation to execute a note in its behalf for such purpose.</p>

Judges: Ellis

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