Taussig v. St. Louis & Kirkwood Railroad
Supreme Court of Missouri
Appeal from St Louis City Circuit Court. — Hon. Franklin Ferris, Judge. (1) Tbe court erred in holding that it was necessary for plaintiff to prove his employment to do the services set out in the petition by evidence of a resolution of the defendant’s board of directors duly entered on the official minutes of such board, and that plaintiff was not entitled to recover for legal services rendered to defendant while he was a director or secretary or treasurer of defendant, on…
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Appeal from St Louis City Circuit Court. — Hon. Franklin Ferris, Judge. (1) Tbe court erred in holding that it was necessary for plaintiff to prove his employment to do the services set out in the petition by evidence of a resolution of the defendant’s board of directors duly entered on the official minutes of such board, and that plaintiff was not entitled to recover for legal services rendered to defendant while he was a director or secretary or treasurer of defendant, on a quantum meruit or in assumpsit. R. S. 1889, sec. 2511; Preston v. Lead Co., 51 Mo. 45; Southern Hotel Co. v. Newman,…
1Opinion of the CourtBrace, P. J.
The plaintiff is an attorney at law, and this action is to recover the sum of $4,500 and interest, for professional services rendered the defendant from September 1, 1893, until June, 1896. The defendant was incorporated about September 12, 1893. The plaintiff was one of its incorporators. On its organization he became its secretary and treasurer, and one of its directors, and so continued to be during the period of the rendition of the services' thereafter charged for. At the close of the plaintiff’s evidence, the court gave an instruction that upon the law and evidence the plaintiff could…
2Cases cited41 opinions
- Fitzgerald & Mallory Construction Co. v. FitzgeraldSupreme Court of the United States · 1890
- Jones v. MorrisonSupreme Court of Minnesota · 1883
- Pew v. First National BankMassachusetts Supreme Judicial Court · 1881
- New York & New Haven Railroad v. KetchumSupreme Court of Connecticut · 1858
- First National Bank v. FrickeSupreme Court of Missouri · 1881
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3Cited by25 opinions
- Sebree v. RosenSupreme Court of Missouri · 1965
- Kleinschmidt v. American Mining Co.Montana Supreme Court · 1914
- Fountain v. County of PittSupreme Court of North Carolina · 1916
- Puller v. Royal Casualty Co.Supreme Court of Missouri · 1917
- Wagner v. Edison Electric Illuminating Co.Supreme Court of Missouri · 1903
20 more not listed; retrieve them via the Exa API.