Appellate Court of Illinois, 1917

Weiss v. Fred Bender Store Fixture Co.

Weiss v. Fred Bender Store Fixture Co.
Appellate Court of Illinois · Decided June 27, 1917 · Connor
207 Ill. App. 72; 1917 Ill. App. LEXIS 546

Weiss v. Fred Bender Store Fixture Co.

Opinion of the Court

Mr. Justice O’Connor

delivered the opinion of the court.

4. Corporations, § 439* — when evidence sufficient to show authority of officer to execute guaranty. Where it appears that a guaranty by a corporation which was intra vires was executed by its secretary and treasurer who owned forty-eight per cent, of the capital stock and was also manager of the company, and there was other evidence showing that the execution was authorized, a finding that he had authority to execute the guaranty is warranted. 5. Corporations, § 442* — when corporation estopped to deny authority of officers to execute guaranty. A corporation which has received the benefits of a guaranty executed by one of its officers' on its behalf, and which was within its corporate powers, will not be heard to deny the officer’s authority to execute the guaranty.

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