Legal Opinion

Russell v. Henry C. Patterson Co.

Superior Court of Pennsylvania

Decided March 1, 1912No. Appeal, No. 89PublishedCited by 4 opinions

Appeal, No. 89, Oct. T., 1911, by defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1909, No. 257, on verdict for plaintiff in case of Henry A. Russell v. Henry C. Patterson Company. Assumpsit for salary. Before Wiltbank, J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 89, Oct. T., 1911, by defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1909, No. 257, on verdict for plaintiff in case of Henry A. Russell v. Henry C. Patterson Company. Assumpsit for salary. Before Wiltbank, J. The facts are stated in the opinion of the Superior Court. Plaintiff presented the following points: 1. Even though the resolution of November 18, 1907, was passed by the board of the defendant company, whereby it is alleged that the plaintiff’s salary was reduced to $1,500 per year, dating from February 1, 1907, still this would not be binding upon plaintiff…

1Opinion of the Court

Opinion by

Head, J.,

The defendant company is a small trading corporation of the city of Philadelphia. In 1907, at the time of the transactions which gave rise to this litigation, all of its capital stock was owned by four persons, to wit, Coane, Freas, Miller and Russell, the plaintiff. The same persons constituted its board of directors and filled the various executive offices necessary for the conduct of the company’s business. At the time mentioned the stock ownership of the three last named was equal, that of Coane being about twice the amount of each of the remaining three. He was the…

2Cases cited4 opinions

  1. Harlan v. HarlanSupreme Court of Pennsylvania · 1853
  2. Sherman v. HerrSupreme Court of Pennsylvania · 1908
  3. Laird v. CampbellSupreme Court of Pennsylvania · 1880
  4. Berger's AppealSupreme Court of Pennsylvania · 1881

3Cited by4 opinions

  1. Bayne v. Proctor & Gamble Distributing Co.Superior Court of Pennsylvania · 1925
  2. Whitehouse v. GreenSuperior Court of Pennsylvania · 1923
  3. Hughes v. SliferSuperior Court of Pennsylvania · 1926
  4. Paper House of Pennsylvania v. Frederick, Pennsylvania Court of Common Pleas, Lehigh County1924

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