177  ;  Holden  v.  Hoyt,  134  Mass.  181 ;  Holden  v.  Phelps.  135  Mass.  61 ;  Fifth
Ward  Savings  BanV  v.  First  Nat.  Bank,  47  N.  J.  L.  357 ;  48  N.  J.  L.  513.
No  different  rules  or  principles  apply  in  such  case  than  in  case  of  other
corporations.  If  any  custom  or  usage  gives  the  treasurers  of  savings  banka
more  or  less  power,  that  would  be  a  question  of  fact  in  each  particular  case.
8.  Bfiscellaneousdeeisioiis*— In  Howard  v.  Hatch,  29  Barb.  297,  suit  was
brought  for  the  possession  of  land.  The  plaintiff  derived  title  through  the
foreclosure  of  a  mortgage.  The  mortgage  was  assigned  to  Henry  Tower,
treasurer  of  Madison  University.  Tower,  acting  as  such  treasurer,  foreclosed
the  mortgage  by  advertisement  and  sale,  bought  the  property  in  his  indi-
vidual capacity  and  quitclaimed  to  the  plaintiff.  There  was  no  proof  of  the
treasurer's  authority  to  make  the  foreclosure.  It  was  held  that,  in  the  absence
of  all  proof  on  the  subject,  such  authority  would  be  presumed.  Authority  to
a  treasurer  to^zecute  notes  in  the  regular  course  of  business  of  the  corpora-
tion, does  not  authorize  him  to  give  a  note  assuming  the  debt  of  a  third  per-
son. Stark  Bank  v.  U.  S.  Pottery  Co.,  34  Vt.  144.  Where  a  treasurer  had
authority  to  buy  bonds  for  the  corporation,  it  was  held  that  this  was  authority
t')  pay  for  them,  and  to  agree  upon  the  amount  due  in  payment,  and  to  accept
drafts  therefor.  Gafford  v.  Am.  Mortgage  &  Investment  Co.,  77  Iowa,  786  ;
42  N.  W.  Rep.  550.
As  to  the  liability  of  the  corporation  for  frauds  of  the  treasurer  see  Pratt  ▼.
