Legal Opinion

Delaware City, S. & P. S. N. Co. v. Reybold

Supreme Court of Delaware

Decided June 20, 1888PublishedCited by 2 opinions

Error to superior court, New Castle county. Assumpsit by Anthony Reybold against the Delaware City, Salem & Philadelphia Steamboat Navigation Company for money had and received, and work and labor done, under an agreement by the directors of the defendant company allowing him to prosecute the collection of a claim of the company against the United States at his own expense, and retain the proceeds. The jury found a verdict for plaintiff, and defendant brings error.

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Error to superior court, New Castle county. Assumpsit by Anthony Reybold against the Delaware City, Salem & Philadelphia Steamboat Navigation Company for money had and received, and work and labor done, under an agreement by the directors of the defendant company allowing him to prosecute the collection of a claim of the company against the United States at his own expense, and retain the proceeds. The jury found a verdict for plaintiff, and defendant brings error. This was an action in the Superior Court, of assumpsit, to recover the sum of $2,898.18 and its interest being the amount…

1Opinion of the Court

The Court below, Comegys, C. J.,

charged the jury as follows:

1. That the charter of the corporation defendant, a copy of which is hereto annexed marked “A” provides, “ That the business and concerns of said corporation shall be managed by seven Directors, who shall be stockholders, and shall be elected at each annual meeting of the stockholders.”

The Directors had, in virtue of such provision, the right to settle and dispose of the claims of the Company, the same as any Directors have, in any Company, with such powers as these Directors had. That the Directors of a Company, within the defined…

2Cases cited44 opinions

  1. Oscanyan v. Arms Co.Supreme Court of the United States · 1881
  2. Railway Co. v. McCarthySupreme Court of the United States · 1878
  3. National Bank v. MatthewsSupreme Court of the United States · 1879
  4. Hobbs v. McLeanSupreme Court of the United States · 1886
  5. Thomas v. Railroad Co.Supreme Court of the United States · 1880

39 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Zutz v. StateSupreme Court of Delaware · 1960
  2. Townsend v. PoynterSupreme Court of Delaware · 1925

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