Legal Opinion · Dissent

McGuffin v. Coyle and Guss

Supreme Court of Oklahoma

Decided January 6, 1906Published

Error from the District Oourt of Payne County; before John H. Burford, Trial Dudge. STATEMENT OE FACTS. This action was commenced in the district court of Payne county, Oklahoma Territory, by W. H. Coyle, and II'. C. Guss, partners under the firm name and style of Coyle & Guss, against L. K. McGuffin, on a promise to pay two hundred and fifty dollars when the Atchison, Topeka & Santa Fe Railroad Company should build its road into the town of Cushing, Oklahoma Territory.

Read the full summary

Error from the District Oourt of Payne County; before John H. Burford, Trial Dudge. STATEMENT OE FACTS. This action was commenced in the district court of Payne county, Oklahoma Territory, by W. H. Coyle, and II'. C. Guss, partners under the firm name and style of Coyle & Guss, against L. K. McGuffin, on a promise to pay two hundred and fifty dollars when the Atchison, Topeka & Santa Fe Railroad Company should build its road into the town of Cushing, Oklahoma Territory. The petition is as follows, omitting the caption: “Comes now the. above named plaintiffs and complain of the above named…

1Dissent

Dissenting opinion by

Bukwell, J.:

A recovery on the contract involved in this case is denied by the majority of this court under the theory that a contract taken by an officer of a railroad corporation in his individual name for the payment of money to himself, in consideration of the corporation performing some act, is presumptively for his personal benefit and in violation of his duties to his principal and therefore void as against public policy.

My brethren evidently desired to fix a high standard for the conduct of corporate officers and agents by condemning a contract taken in the name of…

2Cases cited41 opinions

  1. Guernsey v. CookMassachusetts Supreme Judicial Court · 1876
  2. Berry and Berry v. BartonSupreme Court of Oklahoma · 1902
  3. Toomy v. DunphyCalifornia Supreme Court · 1890
  4. Goodman v. WalkerSupreme Court of Alabama · 1857
  5. Manistee National Bank v. SeymourMichigan Supreme Court · 1887

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API