Pyper v. Salt Lake Amusement Ass'n
Utah Supreme Court
Appeal from the Third District Court Salt Lake County, Hon. A. N. Cherry, Judge. Action by plaintiff on an assigned claim against defendant for services rendered. From a judgment for plaintiff defendant appeals.
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Appeal from the Third District Court Salt Lake County, Hon. A. N. Cherry, Judge. Action by plaintiff on an assigned claim against defendant for services rendered. From a judgment for plaintiff defendant appeals. The following cases are in point and clearly demonstrate that the plaintiff claiming under B. T. Pyper, by an assignment made after B. T. Pyper accepted the stock, is estopped from now' asserting against the defendant the claim of B. T. Pyper for compensation for services. ■Smith v. Lusk, 24 So., 256; Smith v. By. Go., (Ia.) 73 N. W. Rep., 581; Moyes v. Kimball, 42 At. Kept. 400;…
1Opinion of the CourtBartch, C. J.
Under the facts above set forth the appellant contends, among other things, that both the plaintiff and her assignor are estopped from now insisting on any demand, against the corporation, for compensation for the services in question. This contention appears to us to be well founded. Those services were performed, by the assignor, as an officer of the company, without any stipulation for compensation. As was said and admitted by counsel for the respondent in their brief, “he was an officer of the company and was evidently supposed to do whatever was necessary to be done. He continued his…
2Cited by2 opinions
- Green v. Gila Water Co.Arizona Supreme Court · 1930
- Murphy v. GaneyUtah Supreme Court · 1901