First National Bank of Wellsburg v. Kimberlands

Citations

• 16 W. Va. 555
• 1880 W. Va. LEXIS 43

Syllabus

<p>1. If the jury be sworn to try the issue, and several issues have been joined, and the verdict of the jury is responsive to them all, the Appellate Court will disregard such irregularity and will consider all the issues as decided by the verdict.</p> <p>2. If a plea concludes to the country, as non assumpsit or payment, the plaintiff may without the formal addition of the similiter proceed to trial, as though the issue had been formally joined. But if the plea concludes with a verification, the plaintiff must reply thereto, before the ease can be tried by the jury.</p> <p>3. Aceord'and satisfaction may be given in evidence under the plea of non assumpsit:</p> <p>4. The inherent powers of a president of a bank by virtue of his office are very limited, and it is difficult to say what powers he inherently possesses, if any other than the power to take charge of the litigation of the bank by employing counsel and otherwise.</p> <p>5. A president of a bank may be authorized by its directors to do any act, which they are authorized by their charter to do, unless the act to be done can by the charter be done only by the directors themselves.</p> <p>6. Such authority need not be proven by showing that it was expressly conferred by the board of directors, but may be proven by .showing the existence of such facts, as constitute clearly a public holding out that the particular act done or contract entered into was witMn the scope of his legitimate delegated authority.</p> <p>1. The inference, that such authority has been impliedly conferred, may be legitimately drawn by proving that he was in the habit of doing acts or. making contracts of the same general character as the particular act or contracts which he has done or made, and that these acts or contracts, which he was in the habit of doing, though applied to different subjects, involved the,same general power, except when the acts and contracts, which he was in the habit of doing or making, were so very numerous and so