Beach v. Stouffer
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court.—Mon. A. M. Woodson, Judge. (1) We contend that, taking the whole testimony of the garnishee, there was no evidence upon which the court could find that the National Manufacturing Company was indebted to him for services rendered. The compensation of an officer of a corporation, who is also a director, must be fixed by corporate action, a record of which should be made upon the books of the corporation. Besch v. Carriage Co., 36 Mo.
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Appeal from the Buchanan Circuit Court.—Mon. A. M. Woodson, Judge. (1) We contend that, taking the whole testimony of the garnishee, there was no evidence upon which the court could find that the National Manufacturing Company was indebted to him for services rendered. The compensation of an officer of a corporation, who is also a director, must be fixed by corporate action, a record of which should be made upon the books of the corporation. Besch v. Carriage Co., 36 Mo. App. 333. (2) The court erred in allowing witness Hensley to testify to conversations which took place between garnishee…
1Opinion of the CourtSmith, P. J.
The plaintiff had judgment against the National Manufacturing Company, a business corporation, which was insolvent. An execution was issued on the judgment and Stouffer was summoned as garnishee. It appears that garnishee and two others were the directors of the defunct corporation, and that at a meeting of said directors the garnishee was voted a salary of $65 per month. There was some evidence adduced at the trial which tended to prove that the secretary of the board kept its minutes on *397slips of paper, but it was not shown whether the resolution of the directors respecting garnishee’s…
2Cases cited6 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Stuart v. LairdSupreme Court of the United States · 1803
- Bennett v. St. Louis Car Roofing Co.Missouri Court of Appeals · 1885
- Preston v. Missouri & Pennsylvania Lead Co.Supreme Court of Missouri · 1872
- R. T. Davis Mill Co. v. BennettMissouri Court of Appeals · 1889
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3Cited by2 opinions
- Taussig v. St. Louis & Kirkwood RailroadSupreme Court of Missouri · 1901
- Bell v. Peper Tobacco Warehouse Co.Supreme Court of Missouri · 1907