Alston Mfg. Co v. Squair
Appellate Court of Illinois
Assumpsit, for a salary. Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901. Appellant, the Alston Manufacturing Company, a corporation, was engaged in the manufacture and sale of paints, etc., in the city of Chicago. In 1893, appellee was secretary and treasurer of the corporation at a salary of $4,000 per annum and was also a director of the corporation.
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Assumpsit, for a salary. Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901. Appellant, the Alston Manufacturing Company, a corporation, was engaged in the manufacture and sale of paints, etc., in the city of Chicago. In 1893, appellee was secretary and treasurer of the corporation at a salary of $4,000 per annum and was also a director of the corporation. In that year he became by a definite agreement also manager of the corporation and so continued during the years 1893, 1894 and 1895, at a…
1Opinion of the Court
Mr. Presiding Justice Waterman
delivered the opinion of the court.
It is urged by appellee that the rule that directors of a corporation are not entitled to receive compensation for services performed by them is not applicable when the service performed does not pertain to the duties of directors, but is outside and beyond that appertaining to such office.
The question in this case is not whether appellee, as a director, is entitled to recover from the corporation, compensation for services by him performed for it, but whether upon an implied cóntract he can recover for services which he did not…
2Cases cited8 opinions
- Brown v. DeYoungIllinois Supreme Court · 1897
- Cheeney v. Lafayette, Bloomington & Mississippi Railway Co.Illinois Supreme Court · 1873
- Fritze v. Equitable Building & Loan SocietyIllinois Supreme Court · 1900
- Holder v. Lafayette, Bloomington & Mississippi Ry. Co.Illinois Supreme Court · 1873
- Illinois Linen Co. v. HoughIllinois Supreme Court · 1878
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3Cited by1 opinion
- Gaul v. Kiel & Arthe Co.Appellate Division of the Supreme Court of the State of New York · 1909