3.  But  cases  where  the  actual  authority  of  an  officer  is  inferred
from  a  course  of  business  known  to  and  permitted  by  the  stock-
holders or  the  directors  of  a  corporation  do  not  touch  the  question
whether  authority  is  to  be  impled  as  matter  of  law  from  the  name
and  nature  of  the  office  itselt  In  the  present  case  the  jury  were
instructed  that  the  treasurer  of  such  a  corporation  as  the  defend-


Merchants'  Nat.  Bk.  v.  Citizens  Gas  Lt.  Co.,  et  al.  773

ant  company  has,  by  virtue  of  his  office,  authority  to  sign  a  note
which  shall  bind  the  corporation,  and  the  defendant  contends  that
this  instruction  was  incorrect  The  incidental  powers  of  some  officers
or  agents  have  become  so  well  known  and  defined,  and  have  been
so  frequently  recognized  by  courts  of  justice,  that  certain  powers
are  fmplied  as  matters  of  law  in  favor  of  third  persons  who  deal
with  them  on  the  assumption  that  they  possess  these  powers,  un-
less such  persons  are  informed  to  the  contrary.  The  officers  and
agents  usually  mentioned  in  this  category  are  auctioneers,  brokers,
factors,  cashiers  of  banks,  and  masters  of  ships.  See  Merchant's
Bank  v.  State  Bank,  10  Wall.  604 ;  Case  v.  Bank,  100  U.  S.  446.
