Andres v. Fry

4 Citing cases

  1. Anderson v. Wickliffe

    178 Cal. 120 (Cal. 1918)   Cited 20 times

    The fact that the corporate seal was affixed afforded a prima facie showing that the officer executing the paper had due authority to execute it. (10 Cyc. 1018; Thompson on Corporations, sec. 5105; Southern California Colony Assn. v. Bustamente, 52 Cal. 192; Schallard v. Eel River etc. Co., 70 Cal. 144, [11. Pac. 590]; Crescent City Wharf Co. v. Simpson, 77 Cal. 286, [19 P. 426]; Andres v. Fry, 113 Cal. 124, [45 P. 534].) If the documents offered by plaintiff had been admitted in evidence, as they should have been, there would have been no ground for a nonsuit.

  2. Associates Discount Corp. v. Tobb Co.

    241 Cal.App.2d 541 (Cal. Ct. App. 1966)   Cited 11 times

    [3] An instrument signed by officers of a corporation, purportedly on its behalf, and bearing its seal, is prima facie evidence that the officers signing such executed the same under authority duly given them by the board of directors. (Corp. Code, ยง 833; Thomas V. Peterson, 213 Cal. 672, 674 [ 3 P.2d 306]; Potts Drug Co. v. Benedict, 156 Cal. 322, 327 [ 104 P. 432, 25 L.R.A.N.S. 609]; Andres v. Fry, 113 Cal. 124, 127 [45 P. 534]; Sime v. Malouf, 95 Cal.App.2d 82, 93-94 [ 212 P.2d 946, 213 P.2d 788]; Solorza v. Park Water Co., 86 Cal.App.2d 653, 659-661 [ 195 P.2d 523].) [4] Likewise, a certification by the secretary of a corporation, bearing its corporate seal, that the board of directors adopted a resolution authorizing the execution of the instrument by designated officers is evidence of the authority of those officers to execute that instrument.

  3. Greve v. Echo Oil Company, a Corporation

    8 Cal.App. 275 (Cal. Ct. App. 1908)   Cited 11 times
    In Greve v. Echo Oil Co., 8 Cal.App. 275, at page 279 [ 96 P. 904, 906], speaking of this subject the Appellate Court approved this language: "Where the controversy is between a party to a written contract, and one who is neither a party to it nor a privy to one who is, the rule excluding parol evidence to explain, vary, modify or contradict the writing does not apply.

    This is prima facie evidence that the deed of a corporation was duly authorized by the board of directors. (Angell Ames on Corporations, sec. 224; Underhill v. Santa Barbara etc. Co., 93 Cal. 300, [28 P. 1049]; Miners' Ditch Co. v. Zellerbach, 37 Cal. 543, [99 Am. Dec. 300]; Southern Cal. Colony Assn. v. Bustamente, 52 Cal. 192; Crescent City Wharf Lighter Co. v. Simpson, 77 Cal. 286, [19 P. 426]; Andres v. Fry, 113 Cal. 124, [45 P. 534].) There is attached to the deed a writing signed by nine stockholders, whereby they ratify, confirm and consent to the deed, and to this is attached the certificate of the secretary, attested by the seal of the corporation, to the effect that the said stockholders are the owners of all the stock of the company.

  4. Young v. Canada, Atlantic & Plant Steamship Co.

    211 Mass. 453 (Mass. 1912)   Cited 4 times

    McNeil v. Boston Chamber of Commerce, 154 Mass. 277. Metropolitan Telephone Telegraph Co. v. New York New Jersey Telephone Co. 17 Stew. 568, 573. Burleigh v. Ford, 61 N.H. 360. Andres v. Fry, 113 Cal. 124. There was evidence that one of the members of the committee "stepped out" when a motion to appoint him agent of the executive committee at a salary of $5,000 a year, was voted on.