Agency – Apparent Authority – Liability of Corporation on Unauthorized Note of General Manager

Welch, the general manager, executive vice-president, treasurer, and director of petitioner corporation, requested that respondent, a salesman employed by the corporation, loan petitioner $25,000. Respondent complied, and Welch executed and delivered to respondent a note for the amount of the loan, signed by himself as vice-president and treasurer. After Welch had appropriated the money to his own uses, respondent obtained a judgment by confession against petitioner on the note. On trial of a petition to open the judgment, held, dismissed. Welch had acted with apparent authority in giving respondent petitioner’s note, respondent had reasonably relied upon this appearance in accepting the note, and petitioner was therefore bound by the note. Petition of Mulco Products, Inc., (Del. 1956) 123 A. (2d) 95.