Richard Thompson Co. v. Brook
New York Court of Common Pleas
Appeal from first district court. Action by the Richard Thompson Company, Limited, against Augustus T. Brook, to recover a balance of money advanced to defendant for plaintiff’s use. The defense was a counter-claim for balance of salary due. There was a judgment for the defendant, and the plaintiff appeals.
1Opinion of the CourtBischoff, J.
Upon the trial it appeared that the plaintiff, a corporation,
by resolution of the board of directors, in March, 1890, fixed the rate of compensation to be paid the defendant, its secretary, for his services as such, at $900 per annum, and that the defendant was paid at that rate for some time thereafter. Subsequently the officers of the plaintiff met, and mutually'agreed to accept a reduced rate of salary for their services to be thereafter performed; but it did not appear that the plaintiff was a party to this agreement, or that the same had ever been communicated to or accepted by the board…
2Cases cited4 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Wheat v. . RiceNew York Court of Appeals · 1884
- Lorillard v. . ClydeNew York Court of Appeals · 1890
3Cited by2 opinions
- Home Fire Insurance v. BarberNebraska Supreme Court · 1903
- Superior Brewing Co. v. CurtisCourt of Appeals of Texas · 1938