Goetz v. Goldbaum

Citations

• 4 Cal. Unrep. 749
• 37 P. 646
• 1894 Cal. LEXIS 1243

Syllabus

<p>Agency—Pleading.—A Complaint on a Contract Executed by an agent may, without more, aver its execution by defendant, the principal; and, the agency appearing from the copy of the note set out, authority to execute it is implied, and need not be expressly alleged.1</p> <p>Agency — Ratification.—Ratification Need not be Expressly pleaded.</p> <p>Agency—Estoppel.—W., a Merchant, and Partner with plaintiff in a livery, failed, and transferred his property to his brother S., through whom he settled with most of his creditors, as he swore, with his own money. Business was done in S.’s name, but W. borrowed money from plaintiff for the business, bought out his interest in the stable, and gave him a note for the whole, signed, “S., per W.” Plaintiff asked S. about the note, and S. said he would go and see about it, and went and talked to W., but said nothing to plaintiff. Later he proposed to plaintiff to go into partnership with him and W., putting in the note as capital; and then he took over the business and property from W., paying him some cash, and assuming the debts, among which, at the time, he mentioned this. Held, that he was estopped to say that W. did not sign the note as his agent, and that he had not ratified it.</p> <p>Statute of Frauds — Oral Ratification.—A Promissory Note, such as, under Civil Code, section 2309, must be in writing, is a commercial note, not a mere non-negotiable promise to pay, and the latter may be ratified orally.</p>