Davis v. Memphis City Ry. Co.
United States Circuit Court
Motion for New Trial. The suit was for $1,650, balance due Davis for bis salary at the time he resigned from the company and turned the management over to the new parties who purchased his interest.
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Motion for New Trial. The suit was for $1,650, balance due Davis for bis salary at the time he resigned from the company and turned the management over to the new parties who purchased his interest. The defense was that Davis had fraudulently procured the directors to fix his salary'at an excessive sum, and that he had paid large sums of money, amounting to over $2,000, to Humes & Poston, as attorneys in the chancery ease of Bills v. Davis, and the other directors, for a maladministration of the affairs of the company; the contention being that it was a suit against Davis, Barrett, and…
1Opinion of the CourtHammond, J.
The only ground for a new trial, which is pressed with serious confidence by the counsel for the defendant, is the error assigned in charging the jury that the president of the company had authority to employ additional counsel in the litigation against the company, especially in the Bills case. It is frankly conceded, as it must be, that, as between the attorneys employed and the company, the president might bind the corporation to the employment without any contract under seal, or other formal action, by the directory. Bank of Columbia v. Patterson, 7 Cranch, 299; Osborn v. Bank, 9 Wheat.…
2Cases cited3 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Alexandria Canal Co. v. SwannSupreme Court of the United States · 1847
3Cited by7 opinions
- Central Bus Lines, Inc. v. Hamilton Nat. BankCourt of Appeals of Tennessee · 1951
- Backus v. FinkelsteinDistrict Court, D. Minnesota · 1924
- Gillespie v. BranhamCourt of Appeals of Tennessee · 1959
- Poutch v. National Foundry & Machine Co.Court of Appeals of Kentucky · 1912
- Lord v. Endicott Johnson Corp.Appellate Division of the Supreme Court of the State of New York · 1930
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