Davis v. Brown County Coal Co.
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. J. H. McCoy, Judge. Action by Evan T. Davis against the Brown County Coal Company. From a judgment for plaintiff, defendant appeals. The power of directors belong to them collectively and not individually. The fact that a person is a director gives him no authority to act for the corporation except when acting as a membei of the board, in the absence of a by-law conferring special authority upon him. 21 Am. & Eng. Ency.
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Appeal from Circuit Court, Brown County. Hon. J. H. McCoy, Judge. Action by Evan T. Davis against the Brown County Coal Company. From a judgment for plaintiff, defendant appeals. The power of directors belong to them collectively and not individually. The fact that a person is a director gives him no authority to act for the corporation except when acting as a membei of the board, in the absence of a by-law conferring special authority upon him. 21 Am. & Eng. Ency. Law, p. 864, 2d Ed.; Des Moines M. & S. Co. v. Tilfo-rd M. Co. et al, 9 S. D. 542; Murray v. Lumber Co., 143 Mass. 250, 9 N. E.…
1Opinion of the CourtFuller, P. J.
During the year 1904, plaintiff and a number of men in his employ -excavated a shaft for the corporate defendant, then engaged in prospecting for coal, and this action was instituted to recover $1,000 as the reasonable value of such labor and pursuant to an alleged oral agreement entered into by the par*174ties after the mutual abandonment; of a written contract of a similar character under which plaintiff claims nothing. The issues raised by a denial of the execution of the oral agreement and an alleged failure on the part of plaintiff to perform the written contract were tried to a jury, and…
2Cases cited2 opinions
- Salem Iron Co. v. Lake Superior Consol. Iron MinesCourt of Appeals for the Third Circuit · 1901
- Huron Printing & Bindery Co. v. KittlesonSouth Dakota Supreme Court · 1894
3Cited by3 opinions
- Engler v. Ipswich Printing Co.South Dakota Supreme Court · 1934
- In re Plymouth Elevator Co.District Court, D. South Dakota · 1911
- State Ex Rel. Cleveland Trust Co. v. EggersOhio Court of Appeals · 1928