Consol. Nat'l Bank v. Pac. Coast S.S. Co.

Citations

• 95 Cal. 1
• 30 P. 96
• 1892 Cal. LEXIS 780

Syllabus

<p>Agency— Authority to Borrow Money—Inference from Employment. — If the transaction of business carried on by an agent for his principal absolutely requires the exercise by the agent of the power to borrow money in order to carry it on, such power is impliedly conferred as an incident to the employment; but it does not afford a sufficient ground for the inference of such a power, to’say'the act proposed was convenient or advantageous, or more effectual in the transaction of the business provided for, but it must be practically indispensable to the execution of the duties really delegated, in order to justify its inference from the original employment.</p> <p>Id. — Necessity of Borrowing Money—Presumption—Usual Coursb of Business — Express Authority. — Where the authority of an agent to borrow money is denied by the principal, and it is proved that there was no necessity for borrowing money to effect any purpose of the agency, it will not be presumed, without evidence, that it was proper or usual, in the ordinary course of the business in which he was employed, to borrow money without express authority.</p> <p>to. — Ostensible Authority — Local Agent of Steamship Company — Over-draft. — There is no ostensible authority to a local agent of a steamship company to borrow money or over-draw from a bank, where it appears that its general agents had no notice that the local agent had an account with the bank, or had ever overdrawn the account or borrowed money from the hank, and that they had furnished the local agent with a safe in which to keep the money collected by him, and where it further appears that the bank did-not notify the general agents of the over-draft, but dealt with the local agent only, and accepted his individual promises to pay the over-drafts,</p> <p>Id.—Pleading —Two Counts upon Same Cause of Action — Demurrer to First Count — Error without Prejudice.—The sustaining,^! a special demurrer for uncertainty to the first count of a complaint, consisting o