Graton & Knight Manufacturing Co. v. Redelsheimer

Citations

• 28 Wash. 370
• 68 P. 879
• 1902 Wash. LEXIS 496

Syllabus

<p>APPEAL-STATEMENT OE FACTS-CERTIFICATION BY JUDGE PRO TEM-PORE AFTER SUCCEEDING TO OFFICE.</p> <p>The fact that a statement of facts was certified hy one of the judges of the superior court, while the action was tried by such judge as a judge pro tempore, before he succeeded to the office, would not he ground for striking the statement, since it fully meets the requirement of having been certified by the judge who tried the cause.</p> <p>SAME-CONTENTS OF BRIEFS.</p> <p>The failure of appellant to comply with the requirements of rule 8 of the supreme court respecting the contents of briefs may be cured by the filing of new briefs fully complying therewith.</p> <p>PRINCIPAL AND AGENT — APPARENT AUTHORITY OF AGENT — QUESTION FOR JURY.</p> <p>Where an agent is put in charge of the business of a principal, with power to sell its goods, collect for the same, make purchases of other dealers when it is necessary to fill orders calling for goods that may not be in the stock of which he has charge, it is a question for the jury to determine, in an action by the principal to recover the amount of checks claimed to have been wrongfully negotiated by such agent, whether or not the agent had apparent authority to pay for the goods so purchased, even by indorsing for that purpose checks payable to his principal.</p> <p>CORPORATIONS-ULTRA VIRES-WHEN CANNOT BE INVOKED.</p> <p>The doctrine of ultra vires cannot be invoked for the purpose of permitting a corporation to recover money paid by it for the purchase of goods beyond the scope of its charter powers, when it had received and appropriated such goods to its own use.</p> <p>CONVERSION OF BANK CHECKS-INSTRUCTIONS.</p> <p>In an action for the recovery of the amount of certain bank checks payable to the order of the plaintiff, and alleged to have been wrongfully indorsed in its name and delivered to defendant, who in turn indorsed them and collected the proceeds, an instruction that the defendant’s liability was limited by the rul