West Point Telephone & Telegraph Co. v. Rose
Mississippi Supreme Court
From the circuit court of Clay county. Hon. W. F. Stevens, Judge. The facts are sufficiently stated in the opinion of the court. The judgment of the court below was in favor of plaintiff Pose, appellee, and the defendant below, the West Point Telephone & Telegraph Co., appellant, appealed to the supreme court. There is no implied contract to pay co-promoters for services where one acts as secretary. Baileys.
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From the circuit court of Clay county. Hon. W. F. Stevens, Judge. The facts are sufficiently stated in the opinion of the court. The judgment of the court below was in favor of plaintiff Pose, appellee, and the defendant below, the West Point Telephone & Telegraph Co., appellant, appealed to the supreme court. There is no implied contract to pay co-promoters for services where one acts as secretary. Baileys. Burgess, 48 N. J. Eq., 411; Alger on Law of Promoters, sec. 245, and authorities cited. Contracts made for a corporation by its promoters prior to its incorporation are not enforceable by…
1Opinion of the Court
Whitfield, <7.,
delivered the opinion of the court.
Appellee was a stockholder, director, and acted as secretary for the promoters of the appellant corporation prior to its existence as a corporation. While so acting as secretary, he claims to have rendered services valuable and necessary, both as secretary and otherwise, for a period of fifteen and one-half months,' intended by him for the benefit of the future corporation, and which he says he expected to be paid for by the corporation. Although acting as secretary, he never procured those acting as directors to adopt any resolution providing…
2Cases cited5 opinions
- Oakes v. Cattaraugus Water Co.New York Court of Appeals · 1894
- Ten Eyck v. Pontiac, Oxford & Port Austin RailroadMichigan Supreme Court · 1889
- Hall v. Vermont & Massachusetts RailroadSupreme Court of Vermont · 1856
- Shackelford v. New Orleans, Jackson, & Great Northern RailroadMississippi Supreme Court · 1859
- Pfeiffer v. Lansberg Brake Co.Missouri Court of Appeals · 1891
3Cited by1 opinion
- Williams v. McNallyWyoming Supreme Court · 1928