David Josiah Brewer

“ His authority to borrow money, execute notes and trust-deeds, in the name and for the benefit of the society, is conceded. So far as appears, he accepted service of process in each suit without question, and after service of process in the first case dealt with the plaintiff, and gave him the new note out of which the second suit arose. Not only that; he is the party by whom the present application is evidently controlled; for he verifies the application, and in it swears that he is the agent of the society. ”

“ The society may also consolidate with other companies and establishments of same or different nature situated in France or in America, acquire all rights and obligations of these companies, or take an interest therein.' It had an agent in Texas, Henry P. du Bellet, who seems to have had and exercised all the powers of a general agent. As such agent he borrowed money from Milliken, and on July 9, July 21, and December 27, 1882, respectively, executed notes on behalf and in the name of the society for the sums borrowed, and gave deeds of trust to secure the payment thereof. ”

“ Obviously the defendant was proceeding under the statute, which we have seen has no application; and independently of the statute its delay, unexcused, is fatal; for, conceding the large amount of the judgment to be just, it attacks only an inconsiderable portion. Its agent being served with process, it is charged with knowledge ”