41 A. 178 | N.H. | 1896
The defendants had not authorized their president and treasurer to contract in their behalf. So far as appears, *481
there was no course of dealing from which authority could be inferred. The officers did not have authority by virtue of their offices. Without action by the corporation specially conferring it, they had no more authority in this respect than any other member of the corporation. P. S., c. 149, ss. 3, 4; 2 Cook Stock Stockh., ss. 716, 717; Wait v. Association,
The plaintiff is not at liberty to attack the judgment recovered in the former action on account of the defect therein. He can do that only in a direct proceeding instituted for the purpose. Van Fleet Col. At. 23; Clough v. Moore,
Judgment for the defendants.
PARSONS, J., did not sit: the others concurred.