McGowan v. Lincoln Park & Steamboat Consolidated Co.
McGowan v. Lincoln Park & Steamboat Consolidated Co.
Opinion of the Court
If the plaintiff’s claim covered the two years prior to the resolution of March 16, 1893, there would be much force in the contention of the defendant that past services could not be paid for in that way. But the resolution was general in its terms and most clearly applied to future services, as well as past. In this case there is no claim for services during the first two years, and the evidence is simply overwhelming that for the subsequent time the. defendant' company constantly recognized its liability. There was therefore no legal difficulty in the way of recovery for the time subsequent to March 16, 1893. The facts were submitted to the jury in a fair and impartial charge, and tlie verdict was in accordance with the weight of the testimony in favor of the plaintiff. The assignments of error are all dismissed.
Judgment affirmed.
Reference
- Full Case Name
- George McGowan v. Lincoln Park & Steamboat Consolidated Company
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Corporations — Liability for action of board of directors — Compensation of the president. Where the directors of a corporation, on March 16, 1893, by resolution, voted “ that the salary of the President of this Company be fixed at $5,500 per year, salary to date from January !, 1891,” and the company thereafter constantly recognized its liability therefor, and the fact is undisputed that the salary prior to the date of the resolution was appropriated to the use of the company, according to an understanding of the president and directors had at the time the resolution was passed, the president will be entitled to recover from the company the salary which accrues subsequent to the date of the resolution. Corporations — Minutes of board of directors — Understanding of individual directors — Evidence. In a suit against a corporation the minutes of the board of directors are conclusive against it, and testimony is inadmissible on its behalf to prove that certain individual directors understood that the corporation was not to be bound by the resolution as written.