California Supreme Court, 1873

Carpenter v. Biggs

Carpenter v. Biggs
California Supreme Court · Decided July 1, 1873
46 Cal. 91
Carpenter v. Biggs

Opinion of the Court

By the Court:

The notes made by the Superintendent were not the notes of the mining company. He was not authorized to make notes or contract debts in the name of the company; on the contrary, he was instructed by letter or otherwise, from the officers of the company, not to contract any debt, but only to expend such money as he might be furnished with. The notes not being authorized were void as against the company, and their assignment did not operate as an assignment of the indebtedness for which they were given.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.