Bronson, Harrison A.

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UND Scholarly Commons (University of North Dakota)

North Dakota Law Review Volume 17 Number 11 Article 2 1940 The 64th Annual Meeting of the American Bar Assocation Harrison A. Bronson Follow this and additional works at: https://commons.und.edu/ndlr  Part of the Law Commons Recommended Citation Bronson, Harrison A. (1940) "The 64th Annual Meeting of the American Bar Assocation," North Dakota Law Review: Vol. 17 : No. 11 , Article 2. Available at: https://commons.und.edu/ndlr/vol17/iss11/2 This Note is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact und.commons@library.und.edu. BAR BRIEFSPUBLISHED MONTHLY AT DICKINSON-BY-STATE BAR ASSOCIATIONOF NORTH DAKOTAM. L McBride, EditorEntered as Second Class Matter, Dec. 9, 1936, at the Postoffice atDickinson, North Dakota, Under the Act of August 24, 1912.VOL. 17. OCTOBER, 1941. NO. 11.THE 64th ANNUAL MEETING OF THEAMERICAN BAR ASSOCIATIONYour President attended the 64th annual meetingof the American Bar Association as a state delegatefrom North Dakota.The meeting occurred from Sept. 29th to Oct. 3,1941, inclusive, in Indianapolis, Ind. There were abouttwo thousand lawyers in attendance. This was some-what less than what was expected, and is less than theregistered attendance at some previous meetings.Everett E. Palmer, of our Executive Committee, andA. R. Bergeson of Fargo also attended this meeting.It was a notable meeting, with particular considera-tion given to various programs involving our NationalDefense. Walter P. Armstrong, a distinguished law-yer of Memphis, Tenn., was elected President of theAssociation for the ensuing year, with Harry Knightof Pennsylvania elected as Secretary and John H.Voorhees of South Dakota re-elected as Treasurer.Your President also attended the 51st annual Con-ference of Commissioners on Uniform State Laws, withforty-three states represented, including North Da-kota, in attendance. Jacob M. Lashly, President of theAssociation, gave an inspiring address before the Con-ference concerning its work and its importance. Hecharacterized the Conference as one of the very finestdrafting bodies in the world, and paid high tributeto the fine work that was being done in the field of(Continued on next page)BAR BRIEFS(Continued from page one)Aeronautics and the aid being extended in the drafting of thenew Aeronautical code covering the field of Aeronautical law.There were also some very fine section meetings held, includ-ing the Junior Bar Conference and the section meeting on taxa-tion which was well attended.It is fairly well understood that the next meeting of theAmerican Bar Association will occur very likely in the City ofDetroit, Michigan. It is some years ago, in 1925 I believe, sincethe American Bar Association held a meeting there.In the program of entertainment afforded visiting lawyerswas a visit to the home of James Whitcomb Riley, the HoosierBard, author of "The Old Swimmin' Hole" and other poems.HARRISON A. BRONSON, President.LIMITATIONS OF ACTIONS WAIVER BYCORPORATIONSA corporation can speak only through its officers and agents,and their declarations made in the course of their employment,and relating to the immediate transaction in which they are en-gaged, are always competent against the corporation. So thusit would be reasonable to say 'that if a corporation can waive thestatute of limitation it would have to do so through its officers.Where the directors of a corporation representing its entirestock and ownership, on recovering money by litigation, turnedit over to the president to pay bills, without specifying any par-ticular bill, and he paid the claim which was barred by the statuteof limitations, it was held that the corporation cannot recoverthe payment of this claim in an action of money had and received.The president of a corporation may be expressly authorized, ormay have authority by virtue of his being entrusted generallywith the management of the business, to pay claims, and by suchauthority he may pay claims that are barred by the statute oflimitations. And in an action for money had and received thecorporation will not be successful.Whether a corporate officer or agent is acting within the ap-parent scope of his authority is a question of fact, and is a ques-tion to be decided by the jury on all the evidence in the particularinstance. However, the question of authority need not be sub-mitted to the jury where the undisputed evidence shows that theofficer or agent had general and special authority to do the actsin question. Whether an implied authority arises from certainfacts is a question of law which should not be submitted to thejury, but to the court. Ordinarily, authority of corporation'sagents to waive the statute of limitations will not be proved. Thusthe authority of an officer or agent of a corporation to waive thestatute of limitations rests on the principal of implied or expressagency. A president of a corporation by mere virtue of his of-fice has no authority to waive the statute of limitations, or to

The 64th Annual Meeting of the American Bar Assocation

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The 64th Annual Meeting of the American Bar Assocation

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