First National Bank of Omro v. Bean
First National Bank of Omro v. Bean
Opinion of the Court
The trial court adjudged that Mrs-. Bean was liable because the acts of Herbert L. Sweet were within The authority conferred by the power of attorney. Mrs. Bean by the power of attorney grants Herbert L. Sweet power “to take the general control and management of [her] affairs, business and property,” to perform all acts connected therewith, including the execution, indorsing, and paying of promissory notes, the receipting for and paying of money, and
It is averred by the respondent that the bank officers were-not apprised of this fact when they negotiated for the note, and that they therefore had a right to assume that it was made and executed by Herbert L. Sweet under the power of attorney, and that it was necessarily connected with the affairs and business intrusted to his control and management. This
Erom these facts and circumstances it also follows that the alleged guaranty of February 24, 1902, was not binding upon Mrs. Bean, though it is in form executed by Herbert L. Sweet as such attorney in fact. The bank was then informed that the note was not embraced within the authority of Herbert L. Sweet’ and that he was powerless to impose such a liability upon his principal in this manner. Furthermore, this con
In view of the fact that the powers of Herbert L. Sweet to make notes for Mrs. Bean were limited and restricted to cases where they were necessarily required for the conduct and management of her affairs, business, and property, and in view of the facts and circumstances established by the evidence, the case does not show that the note in question was one within the authority conferred on Herbert L. Sweet or that the bank had the right to deem it to be such a note.
It is contended that the payments made by A. J. Barber as Mrs. Bean's agent on the collateral note of February 26, 1902, are a ratification of the obligation of the original note. When these payments were made, neither Mrs. Bean nor Mr. Barber had any knowledge of the alleged original obligation. To make the acts of Mr. Barber efficacious as a ratification it must appear that he had authority to act in the matter for Mrs. Bean and that both he and Mrs. Bean had knowledge of the material facts. The record shows that neither Mrs. Bean nor Mr. Barber knew that the note upon which the suit is brought was in existence. This in itself is conclusive that he did not ratify it.
AVe are persuaded that the trial court erred in holding Mrs. Bean liable on the note.
By ihe Court. — Judgment reversed as to Julia M. Bean, and the cause remanded with directions to- award judgment dismissing the complaint as to Julia M. Beam.
Reference
- Full Case Name
- First National Bank of Omro v. Bean, imp.
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Principal and, agent: Power of attorney: Construction: Authority to make and indorse notes: Bona fide purchasers: Guaranty: Consideration: Payments: Ratification. 1. Authority to make or indorse promissory notes, given in a power of attorney to “take the general control and management of the” principal’s “affairs, business, and property” and to “do every act, matter, or thing which the nature of such business shall require,” is limited to such notes only as are necessarily connected with the conduct and management of the business. 2. Where such a power of attorney is duly recorded, and the agent sells to a bank the note of a third person, appearing in no way to be connected with the business, property, or affairs of his principal, on which the principal’s name purports to be personally indorsed, and deposits the proceeds of the note in the bank to his personal account, and later, purporting to act under the power of attorney, signs Ms principal’s name to a guaranty of the note, the officers of the hank áre not justified in accepting the note or the guaranty as authorized by the power of attorney. 3. The contract of guaranty in such case, made apparéntly as an independent undertaking long after the making and negotiation of the note and prior to its maturity, and wholly without consideration as to the principal, is oifño effect. 4. Payments by an agent on a note collateral to a prior note purporting to be indorsed by his principal is not a ratification of such indorsement, where neither the agent nor the principal had any knowledge of the existence of such prior note.