Trustees of University v. Moody
Supreme Court of Alabama
Appeal from Tuscaloosa Circuit Court. Tried before Hon. William S. Mudd. Appellee, Washington Moody, brought said suit against tbe appellant, The Board of Trustees of tbe University of Alabama, as the assignee of a certain claim alleged to be due tbe Tuscaloosa Insurance Company for services rendered as fiscal agent of tbe old body corporate, known as “Tbe University of Alabama,” in receiving and disbursing certain moneys belonging to said University.
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Appeal from Tuscaloosa Circuit Court. Tried before Hon. William S. Mudd. Appellee, Washington Moody, brought said suit against tbe appellant, The Board of Trustees of tbe University of Alabama, as the assignee of a certain claim alleged to be due tbe Tuscaloosa Insurance Company for services rendered as fiscal agent of tbe old body corporate, known as “Tbe University of Alabama,” in receiving and disbursing certain moneys belonging to said University. On the trial the plaintiff read in evidence two resolutions of tbe Board of Regents of tbe University of Alabama; one of which was adopted at…
1Opinion of the CourtBrickell, C. J.
The technical rule of the ancient common law, “that a corporation could not manifest its intentions by any personal act or oral discourse, and that it spoke and acted only by its common seal,” if it ever obtained in this country, is now obsolete. Unless restrained by legislative enactment to a specific mode of contracting, the contracts a corporation has capacity to make, may be made in that manner or form, in which a similar contract by an individual could be made. “The acts of the board of directors, evidenced by a written vote, are as completely binding upon the corporation, and as…
2Cases cited4 opinions
- Broughton v. PensacolaSupreme Court of the United States · 1876
- Cummings v. McCulloughSupreme Court of Alabama · 1843
- State ex rel. Waring v. Mayor of MobileSupreme Court of Alabama · 1854
- Lewis v. Br. Bank at MontgomerySupreme Court of Alabama · 1844
3Cited by7 opinions
- Burnett v. MaloneyTennessee Supreme Court · 1896
- Cox v. Board of Trustees of University of AlabamaSupreme Court of Alabama · 1909
- Skinner v. City of Santa RosaCalifornia Supreme Court · 1895
- Lightfoot v. PoindexterCourt of Appeals of Texas · 1917
- Judson v. City of BessemerSupreme Court of Alabama · 1888
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