Firman

“ A person with whom, or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.'
Under this provision, the court of appeals of that state has held that an agent of a corporation, to whom, 'as executive agent of the company,' a promise is made to pay money, is 'a person with whom, or in whose name, a contract is made for the benefit of another,' and may therefore sue in his own name on the promise. ”

“ The majority in the last analysis can rely only upon the following sentence from the rule: "The signature of an attorney or party constitutes a certificate by the signer . . . that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact. . . ." Fed.Rule Civ.Proc. 11 (emphasis added) . From this it reasons: Business Guides is a party; agents of Business Guides signed papers submitted on the company's behalf; therefore, Business Guides assumed a duty of reasonable inquiry. ”

“ Where a simple contract, other than a bill or note, is made by an agent, the principal whom he represents may in general maintain an action upon it in his own name, and parol evidence is admissible, although the contract is in writing, to show that the person named in the contract was an agent, and that he was acting for his principal. ”

“ And God made the firmament, and divided the waters which were under the firmament from the waters which were above the firmament: and it was so. And God called the firmament Heaven. And the evening and the morning were the second day. ”

“ Is this such written evidence of a 'contract or sale of lands' as satisfies the exigency of that statute? The words of the statute are, 'unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party, to be charged therewith, or by some other person, by him thereunto lawfully authorized.'
A note or memorandum in writing of the agreement, therefore, is sufficient, and there is no question that in order to obtain a specific performance in equity, the note in writing must be sufficient to maintain an action at law. ”

“ By one of our constitutions, however, we have enacted, that no sale effected by an agreement in writing shall be good or binding, unless that agreement is written by the contracting parties themselves, or, if written by some one else, is at least signed by them, or finally, if written by a notary, is duly drawn by him and executed by the parties. ”

“ Every company incorporated under the laws of any foreign state or kingdom, or of any state or territory of the United States beyond the limits of this state, and now or hereafter doing business within this state, shall file in the office of the secretary of state a copy of their charter of incorporation, or, in case such company is incorporated by certificate under any general incorporation law, a copy of such certificate and of such general incorporation law, duly certified and authenticated by the proper authority of such foreign state, kingdom, or territory.' Gen. ”

“ This formula, 'or his legal representatives,' embrace representatives of the original grantee in the land, by contract, such as assignees or grantees, as well as by operation of law, and leaves the question open to inquiry in a court of justice as to the party to whom the certificate, patent, or confirmation, should enure. ”

“ When a company is promoted for acquiring property—to work a mine or patent, for instance, or carry on a going business—the usual course is for the promoter to frame a draft agreement for the sale of the property to the company or to a trustee on its behalf. The memorandum and articles of the intended company are then prepared, and an article is inserted authorizing or requiring the directors to adopt the draft agreement for sale. ”

“ Dunn, who had attended to my uncle’s law business for years, had recognized the desirability of his client making a new will under the changed conditions brought about by the reception into his family of a second nephew of whose claims upon a certain portion of his property he must wish to make some acknowledgment, received the detailed instructions sent him, with no surprise and followed them out to the letter, bringing the document with him for signature on the day and at the hour designated in the notes he had received from his client. ”

“ Where an instrument shows on its face the names of the contracting parties, the agent may sign his own name first, and add to it, as in the present case, agent for his principal, or he may sign the name of his principal first, and add, by himself as agent. ”

“ The case has not been brought into court; for legal proceedings cost so much money. The sale is to be made by voluntary agreement. Now, this notary has applied to one of my clients to lend him his name for this purchase. My client, a poor devil, says to me: 'There's a fortune to made out of that house by fooling the notary.'"
"And they do that sort of thing in business!" said Brigitte, quickly. ”

“ Lord ELDON, indeed, in this case, collects the doctrine to be, that where, either the party himself, or his agent, ascertains the agreement by a signature, not in the body of the instrument, but in the form of an addition to it, that signature, though not a signing as an agreement, yet sufficiently ascertains the agreement, and is sufficient within the statute of frauds. Ibid.
[Or their agents thereunto lawfully authorized.] The agent who is authorized to sign, need not be constituted by writing. ”

“ An instrument of writing (escritura) is every deed that is made by the hand of a public escribano, or notary of a corporation, or council (concejo) , or sealed with the seal of the king, or other authorized 'person.' L. 1, tit. 18, p. 3. 'Hence arise the two kinds which produce full faith and full proof;-one public, made by the escribano or notary, with the solemnities prescribed by laws' ”

“ A party acting as agent and appearing in line, as contemplated under the eleventh paragraph, will be allowed to make one entry or filing in his individual character, if he so desires, and to file one declaratory statement in his representative character as agent, if such he shall be, and thereupon he will be required to step out of line, giving place to the next person in order, and, if he desires to make any other filings, to take his place at the end of the line and await his proper turn before doing so, and thus to proceed in order until all the filings desired by him shall be made. ”

“ Now, while Lord is referred to in the body of the first writing as an individual, he signed the agreement 'for the Sun Printing & Publishing Association.' Clearly this was a disclosure of the principal, and an apt manner of expressing an intent to bind such principal. ”

“ I have not the wherewithal for the expenses which occur; for there must necessarily be a notary, interpreter, and lawyer, and persons who with my authorization shall be present to plead the suits—which will not be a few, and cannot be carried through without spending money—Page 248since I am not able, nor is it right that I should be on hand to present the petition, or to plead the causes and business of so much weight and authority. To take this task of being my agent, some honest man, however honorable his station, should be glad to do it. ”

“ Said application shall be accompanied by evidence that the applicant, if a single individual, all the members of the firm, if a copartnership, and person or persons in charge of the business, if a corporation, is or are persons of good character and reputation. ”

“ Apart from any general rule of law relating to the execution of deeds or negotiable instruments, a firm and all the partners will be bound by any act relating to the business of the firm, and done in the firm name, or in any other manner showing an intention to bind the firm, by any person thereto authorized. An admission or representation by a partner, acting within his apparent authority, is evidence against his firm. Notice to an acting partner of any matter relating to the partnership affairs is, apart from fraud, notice to his firm. ”

“ Where a mercantile agent has obtained possession of any documents of title to goods by reason of his being or having been, with the consent of the owner, in possession of the goods represented thereby, or of any other documents of title to the goods, his possession of the first-mentioned documents shall, for the purposes of the act, be deemed to be with the consent of the owner. ”

“ We have a letter from a man who, like you, read our advertisement and sent for more information, including a copy of our contract, and he wrote as follows:
"I don't like the forfeiture clause in your contract. Under it, if a man paid you $950, and then lost his job and couldn't pay any more, you would have the right to gobble up all of his money and keep the lots too. ”

“ And further we command the man who shall show them this our patent, to cite them to appear before us in our court, wheresoever we may be, within fifteen days from the day of citation, under the said penalty, under which we command every public scrivener who may be summoned for this purpose, to give to the person who shall show it to him a certificate thereof signed with his signature, whereby we may know in what manner our command is executed. ”

“ Under a statute defining a negotiable note as a note made by one person whereby he promises to pay money to another person, and providing that the word 'person' should be construed to extend to every corporation capable by law of making contracts, it was held that the word included a state. ”

“ And be it further enacted, That the oath required for applicants for patents may be taken, when the applicant is not, for the time being, residing in the United States, before any minister, plenipotentiary, chargé d’affaires, consul, or commercial agent holding commission under the Government of the United States, or before any notary public of the foreign country in which such applicant may be. ”

“ There is an even greater reason for permitting a local attorney, of thirty years' experience, who, as he states, was intimately acquainted with the English company or corporation laws, to produce as evidence of such laws copies of the statutes printed by authority of the English government, and used as proofs of statutes in the English courts. ”

“ Every such corporation, company, association, person, or partnership shall, by a written power of attorney, appoint some person residing in this state its agent, upon whom may be served all lawful process against such corporation, company, association, person, or partnership, and who shall be authorized to enter an appearance in its or his behalf. ”

“ The place of business is the domicil of the firm, and it is their duty to have suitable persons there to receive and answer all demands of business made at that place.' Going with a promissory note, to demand payment, to the place of business of the notary, in business hours, and finding it shut, is using due diligence. ”

“ Making a mark is signing. Harrison v. Harrison, 8 Ves. 185; Addy v. Grix. Ibid. 504; Wright v. Wakeford, 17 Ibid. 454. And quaere? whether, if a party be in the habit of printing, instead of writing his name, the insertion of his name in print, in a bill of parcels, is not, of itself, a signing within the statute? Saunderson v. Jackson, 2 Bos. & Pul. 238. But at all events, if in a bill of parcels, printed with the name of the vendor, he insert the name of the vendee, this is a sufficient signing and recognition of the printed signature, to bind the vendor. ”

“ So infants, married women, slaves, and even lunatics, may be agents or servants whose acts will bind their principals. It has been held that even a dog may be an agent. As to who may be a principal, the ordinary rules of contracts, as we have discussed them, may be relied upon as giving the correct rule.
AGENCY BY CONTRACT.—Concerning agency which arises by contract, little need be said. A contract of agency must possess all of the elements of the ordinary contract, such as mutual assent, consideration, competent parties, legality of object, and in some cases, a particular form. ”

“ Peers are now created either by writ, or by patent: for those who claim by prescription must suppose either a writ or patent made to their ancestors; though by length of time it is lost. The creation by writ, or the king's letter, is a summons to attend the house of peers, by the stile and title of that barony, which the king is pleased to confer: that by patent is a royal grant to a subject of any dignity and degree of peerage. The creation by writ is the more antient way ”

“ That the language above quoted from the power of attorney is sufficient to cover the execution of such a covenant would seem naturally to be inferred, first, from its leaving the terms of the sale to be in all respects as Starr shall deem most advantageous. 'Terms' is an expression applicable to the conveyances and covenants to be given, as much as to the amount of, and the time of paying, the consideration. ”

“ The transaction of business by the corporation in the state, generally or specially, appearing, and a certificate of service of process by the proper officer on a person who is its agent, there would, in our opinion, be sufficient prima facie evidence that the agent represented the company in the business. ”