Althouse v. Cobaugh Colliery Co.
Supreme Court of Pennsylvania
January T., 1909, by plaintiff, from judgment of C. P. Schuylkill Co., May T., 1905, No. 154, on verdict for defendant in case of H. W. Alt-house v. Cobaugh Colliery Company. Assumpsit for services rendered. Before Shay, P. J. The plaintiff, a mining and civil engineer, had performed services for the benefit of a mining corporation of which he was president in surveying, procuring rights of way, building a railroad and bridge, putting up tipples, etc.
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January T., 1909, by plaintiff, from judgment of C. P. Schuylkill Co., May T., 1905, No. 154, on verdict for defendant in case of H. W. Alt-house v. Cobaugh Colliery Company. Assumpsit for services rendered. Before Shay, P. J. The plaintiff, a mining and civil engineer, had performed services for the benefit of a mining corporation of which he was president in surveying, procuring rights of way, building a railroad and bridge, putting up tipples, etc. At the trial the court charged in part as follows: [The defendant contends that he (the plaintiff) is only entitled to compensation for his…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
March 28, 1910:.
That a president or director of a corporation cannot, recover on the basis of a quantum meruit for services rendered the corporation of which he is an officer, except as an express contract can be shown, may be regarded as settled law in-this-state. That a different rule obtains in some jurisdictions is nothing to the.point; our own policy has been too long, established to be questioned, and the general and continued acquiescence therein is its own sufficient vindication. “Corporate officers,” says Woodward, C. J., in Kilpatrick v. Penrose Ferry…
2Cases cited3 opinions
- Kilpatrick v. Penrose Ferry Bridge Co.Supreme Court of Pennsylvania · 1865
- Martindale v. Wilson-Cass Co.Supreme Court of Pennsylvania · 1890
- Brophy v. American Brewing Co.Supreme Court of Pennsylvania · 1905
3Cited by8 opinions
- Carville v. A. F. Bornot & Co.Supreme Court of Pennsylvania · 1926
- Selheimer v. Manganese Corp. of AmericaSupreme Court of Pennsylvania · 1966
- Wilson v. BrownSupreme Court of Pennsylvania · 1920
- Chambers v. Beaver-Advance Corp.Supreme Court of Pennsylvania · 1958
- Whitewater Telephone Co. v. CorySupreme Court of Kansas · 1925
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