No. 32236. Precedential Processed

Snell v. Amite Oil Co.

Louisiana Supreme Court · Filed October 30, 1933 · 151 So. 70

Cited by

First Guar. Bk. v. Baton Rouge Petroleum Center, Inc. 529 So. 2d 834 La. 1988
BANK OF ST. CHARLES, ETC. v. Great So. Coach 424 So. 2d 462 La. Ct. App. 5th Cir. 1982
Progressive Bank & Trust Co. v. Dieco Specialty, Inc. 378 So. 2d 139 La. Ct. App. 1st Cir. 1979
Gibsland Supply Co. v. American Employers Ins. Co. 242 So. 2d 310 La. Ct. App. 2d Cir. 1971
White Motor Company v. Piggy Bak Cartage Corp. 202 So. 2d 294 La. Ct. App. 4th Cir. 1967
Carona v. McCallum 146 So. 2d 697 La. Ct. App. 1st Cir. 1962
Buckley v. Woodlawn Development Corporation 98 So. 2d 92 La. 1957
Ideal Savings & Homestead Ass'n v. Kerner 23 So. 2d 200 La. Ct. App. 1st Cir. 1945
Ideal Savings Homestead Ass'n v. Kerner 23 So. 2d 200 La. 1945

Authorities cited

Identified automatically; this list may not be exhaustive.

Bank of Leesville v. Wingate 123 La. 386
State ex rel. Le Blanc v. Twenty-First Judicial Dist. Democratic Committee 48 So. 1005

Opinion text

OVERTON, Justice. This is a, suit to foreclose a mortgage by executory process, alleged to have been executed by defendant, through its president, by virtue of a resolution of its board of directors. An order of seizure and sale was granted plaintiff. Defendant has appealed suspensively from this order. Its complaint is that it does not appear in the manner prescribed by law that its president was authorized to grant the mortgage. To pnable the president of a corporation to bind it he must be authorized to do so. Such authority is generally granted by a resolution of the corporation’s board of directors. The law expressly provides the degree of proof necessary to establish the granting of the requisite authority for the purpose of obtaining executory process. It provides that: “In all applications for executory process against property mortgaged by a corporation, a copy of the resolution of the Board of Directors authorizing the execution of the mortgage on behalf of the corporation, taken from the copy certified by the secretary and attached to the original act of mortgage, and certified by the notary before whom the Act was passed, or from the mortgage or conveyance records, when the records show that the copy filed for record was certified by the secretary, and certified by the recorder, shall be sufficient evidence of the authority of the officer or agent to execute same. * * * ” Act No. 148 of 1910, p. 226. There is in this case no resolution, certified to by the secretary of the corporation and by the notary, or by the recorder, as provided by the act — in fact no resolution of the board of directors was attached to the petition for executory process, or otherwise appears in the record, although it is alleged that one was attached. In these circumstances nothing remains to be done but to set aside the order of executory process. Bank of Leesville v. Wingate, 123 La. 386 , 48 So. 1005 . For these reasons, the order of executory process is set aside, and the application therefor is dismissed at plaintiff’s costs.