Butts v. Wood
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought, among other things, to set aside the action of the defendants, as directors of the Bochestel: and Webster Plank Boad Company, in voting to to the "défendant Daniel Wood compensation for services as secretary of - the company. The plaintiff sued in behalf of himself and all other stockholders in the company who should come in and make themselves parties to the action.
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APPEAL from a judgment entered upon the report of a referee. The action was brought, among other things, to set aside the action of the defendants, as directors of the Bochestel: and Webster Plank Boad Company, in voting to to the "défendant Daniel Wood compensation for services as secretary of - the company. The plaintiff sued in behalf of himself and all other stockholders in the company who should come in and make themselves parties to the action. The complaint) among other thing's, alleged the incorporation of ■ the company under and by virtue of the laws of this state, for the…
1Opinion of the Court
By the Court, Johnson, J.
Upon a careful examination, of all the evidence in the case, I am satisfied that the finding of the referee “ that it was understood by the parties upon the passage of the resolution of December 1855, and for a considerable time afterwards, that no compensation was to be allowed, for services as secretary and treasurer, beyond what was provided for in the resolution,” is not without sufficient evidence in the case to sustain it. It follows, of course, from this, and the other facts, found by the referee, that the company, at the time the resolution of the three…
2Cases cited3 opinions
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