Read v. Buffum

Citations

• 79 Cal. 77
• 21 P. 555
• 1889 Cal. LEXIS 674

Syllabus

<p>Assignment by Corporation—Proof of Authority of Officer.—Am instrument purporting to be an assignment of an account by a corporation, executed in the name of the corporation by its secretary, cannot be taken as the valid act of the corporation without proof that the secretary had power to make it.</p> <p>Id.—Ratification by Directors after Suit by Assignee,—A ratification of such an attempted assignment, made by the board of directors of the corporation after an action has been commenced on the account by the assignee, is too late to be availing to the assignee.</p> <p>Id, — Denial of Assignment on Information and Belief. — In an action by an assignee of an account, an answer alleging that the defendant has no information or belief sufficient to enable him to answer the allegations of a particular paragraph of the complaint, which contains the averment of the assignment, and for that reason denying all and singular the allegations contained in such paragraph, is sufficient to raise an issue as to the fact of the assignment.</p>