Legal Opinion

Hodges v. Rutland & Burlington Railroad

Supreme Court of Vermont

Decided February 15, 1857PublishedCited by 8 opinions

Book account. The disputed items in the plaintiff’s account 'were as follows: “ To services as director and executive committee, four years, ten months, nineteen days,..............$4,896.00 “ To two and one-half per cent, commission on sale of bonds to the amount of twenty thousand dollars,. . 500.00 ” In reference to the first of the above items the auditors reported the following facts: The plaintiff was elected a director at the organization of the company, July 3, 1845,…

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Book account. The disputed items in the plaintiff’s account 'were as follows: “ To services as director and executive committee, four years, ten months, nineteen days,..............$4,896.00 “ To two and one-half per cent, commission on sale of bonds to the amount of twenty thousand dollars,. . 500.00 ” In reference to the first of the above items the auditors reported the following facts: The plaintiff was elected a director at the organization of the company, July 3, 1845, and was annually re-elected, and continued to serve as director until June, 1851. During that time he spent in the…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

The services of the plaintiff as a member of the executive committee were clearly such, so far as this report shows, as he could only have performed as director. That was, at most, a sub-division or particular department of the office of director, and one which none biit a director could have perfomed. It does not appear in this case as it did in that of Henry v. the same defendant, that this plaintiff acted as construction agent or in any other capacity out of the strict line of his office of director and member of the executive…

2Cited by8 opinions

  1. First National Bank v. DrakeSupreme Court of Kansas · 1883
  2. Taussig v. St. Louis & Kirkwood RailroadSupreme Court of Missouri · 1901
  3. Maux Ferry Gravel Road Co. v. BraneganIndiana Supreme Court · 1872
  4. Barril v. Calendar Insulating & Water-Proofing Co.New York Supreme Court · 1888
  5. Pfeiffer v. Lansberg Brake Co.Missouri Court of Appeals · 1891

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