76 Mo. App. 92 | Mo. Ct. App. | 1898
This action is to enforce a mechanics7 lien against hotel property in the town of Archie, Missouri. The plaintiff had judgment in the trial court for his account and for the enforcement of his lien.
Applying this latter statement of the law to the facts of this case we find enough to justify the trial court in concluding that the cashier had authority to bind the bank. The hotel property had been a security to the bank for indebtedness due the bank and had been bought in by the bank about eighteen months or two years prior to the contract with plaintiff. That the cashier had had the control of the renting and management thereof for the bank since that time. This was evidence tending to show a continued acquiesence by the bank in the authority exercised by the cashier. The bank in all this time of the cashier’s open acts of authority over the property must be presumed to have known it and to have ratified the authority exercised by him. We said in Windsor v. Bank, supra, that a corporation might “by a course of conduct with its officers and the public, give them authority, and confer upon them powers they would not have as such officers, but for the usages of the corporation.” And this is applicable to the ease here. No declarations of law were asked and the case was submitted to the court on the-evidence. We must assume in favor of the judgment that the court found the acts of the cashier had