R. T. Davis Mill Co. v. Bennett
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court.— I-Ion. O. M. Spencer, Judge. (1) Evidence that John P. Hax voted for the defendant’s salary, when the record made by defendant as secretary, and approved at a subsequent meeting of the directors, shows that he did not, should not have been admitted. HawTcshaw v. K. of H, 29 Fed. Rep. 770; s. o., 24 C. L. J. 129. (2) The by-laws of plaintiff made it the duty of the defendant, as secretary, to “keep the minutes.”
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Appeal from the Buchanan Circuit Court.— I-Ion. O. M. Spencer, Judge. (1) Evidence that John P. Hax voted for the defendant’s salary, when the record made by defendant as secretary, and approved at a subsequent meeting of the directors, shows that he did not, should not have been admitted. HawTcshaw v. K. of H, 29 Fed. Rep. 770; s. o., 24 C. L. J. 129. (2) The by-laws of plaintiff made it the duty of the defendant, as secretary, to “keep the minutes.” The directors could only act as a board; and the action of the board was to be known by the minutes kept by the secretary. They were the best…
1Opinion of the CourtEllison, J.
This action is to recover from defendant eight hundred and thirty dollars, charged to have, been illegally taken from plaintiff and converted to his own use. The facts are substantially as follows: Defendant was plaintiff’s secretary from 1885 till August, 1887. That he was originally employed at a salary of one hundred and twenty-five dollars per month. That in October, 1886, he was also elected to the position of director and treasurer of the corporation. That at the meeting of the directors in this month, the question of salaries was laid over till next meeting which was held February 7,…
2Cases cited1 opinion
- Ward v. DavidsonSupreme Court of Missouri · 1886
3Cited by8 opinions
- Heit v. BixbyDistrict Court, E.D. Missouri · 1967
- In Re Chelsea Exchange Corp.Court of Chancery of Delaware · 1932
- Binz v. St. Louis Hide and Tallow CompanyMissouri Court of Appeals · 1964
- State Ex Rel. McCrate v. RhodesSupreme Court of Missouri · 1942
- Watts v. Levee District No. 1Missouri Court of Appeals · 1912
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