INDUS. SCAVENGER SERV. v. SPEEDWAY ST. BANK

No. 20,025.

136 Ind. App. 405 (1964)

202 N.E.2d 289

INDUSTRIAL SCAVENGER SERVICE, INC. v. SPEEDWAY STATE BANK.

Court of Appeals of Indiana.

Filed November 18, 1964.


Attorney(s) appearing for the Case

H. Earl Capehart, Jr., Richard D. Wagner, Krieg DeVault, Alexander & Capehart, of counsel, all of Indianapolis, for appellants.

William H. Traylor, Emsley W. Johnson, Jr., Johnson & Weaver, of counsel, all of Indianapolis, for appellee.


MOTE, J.

Appellee brought an action below on a promissory note and to foreclose a chattel mortgage. The pleadings finally presented the following issues:

(1) Was appellant an accommodation party and surety with respect to the note and chattel mortgage?

(2) Was the execution of the note and mortgage in excess of the corporate powers of appellant and thus ultra vires?

(3) Did R.N. Kroot in his capacity as president of appellant have authority...

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