Parmelee v. Associated Physicians & Surgeons
New York Court of Common Pleas
Appeal from seventh district court. Action by Samuel B. Parmelee against the Associated Physicians & Surgeons on a contract of employment made by plaintiff with the treasurer of defendant corporation. The principal defense was that defendant was not chargeable under the contract, in view of the fact that a by-law of the corporation prohibited the making of an agreement involving a liability to the extent of that in suit without the approval of the president.
Read the full summary
Appeal from seventh district court. Action by Samuel B. Parmelee against the Associated Physicians & Surgeons on a contract of employment made by plaintiff with the treasurer of defendant corporation. The principal defense was that defendant was not chargeable under the contract, in view of the fact that a by-law of the corporation prohibited the making of an agreement involving a liability to the extent of that in suit without the approval of the president. A judgment in favor of plaintiff was reversed on appeal. 28 IT. Y. Supp. 1139. Afterwards a reargument was granted. Id. 1144. The case…
1Opinion of the CourtBischoff, J.
Further consideration of this case, upon reargument, but serves to strengthen our opinion that the judgment is not to be supported. An examination of the later decisions of the court of appeals, taken with those of earlier date, leads to the conclusion that the rule to be deduced, with regard to the effect of by-laws restrictive of the powers of an agent, as officer of a corporation, upon a contract entered into through such agent or officer, opposes a recovery upon his contract by the plaintiff herein. This rule may properly be stated to be that, if the officer assuming to act for the…
2Cases cited9 opinions
- First Nat. Bank v. . Ocean Nat. BankNew York Court of Appeals · 1875
- Patterson v. . RobinsonNew York Court of Appeals · 1889
- Jemison v. Citizens' Savings Bank of JeffersonNew York Court of Appeals · 1890
- Rathbun v. . SnowNew York Court of Appeals · 1890
- Chemical Nat'l Bank of N.Y. v. . KohnerNew York Court of Appeals · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Norton v. Genesee National Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1901
- Latiner v. Wonderland Amusement Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Abraham Arndt & Bros. v. New York Fruit Water Co.City of New York Municipal Court · 1913
- Connell v. Ernst-Marx-Nathan Co.City of New York Municipal Court · 1901
- Fischer v. Motor Boat Club of AmericaAppellate Terms of the Supreme Court of New York · 1908
2 more not listed; retrieve them via the Exa API.