McAvity v. Lincoln Pulp & Paper Co.
Supreme Judicial Court of Maine
ON RTCPOltT. Tlie appellant, McAvity, having made a proof’ of debt for @16,648.41 against the defendant corporation adjudged an insolvent upon petition of its creditors filed January 28, 1887, in Penobscot county, tbe assignee objected to its allowance, and a bearing was had in the court of insolvency.
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ON RTCPOltT. Tlie appellant, McAvity, having made a proof’ of debt for @16,648.41 against the defendant corporation adjudged an insolvent upon petition of its creditors filed January 28, 1887, in Penobscot county, tbe assignee objected to its allowance, and a bearing was had in the court of insolvency. From the account annexed to tlie proof of debt, it appeared that the appellant claimed a salary due him as president of the company for several years, under a by-law, and under wliich it was voted February 1, 1887, at a meeting' of the directors to allow him @12,550 for his services in that…
1Opinion of the CourtYibgin, J.
Where the directors of a bank voted a certain salary to its president for three successive years, but omitted io vote any sum for his fourth year’s official services, this court held that, he could not maintain an action of assumpsit on a quantum meruit for such services. Holland v. Lewiston F. Bank, 52 Maine, 564. That case is decisive of the one at bar so far as the appellant’s claim for salary is concerned, unless the vote of the directors passed at their special meeting- of February 1, 1887,— several days after their corporation was duly adjudged insolvent, *510—made the claim valid against…
2Cases cited7 opinions
- Scovill v. ThayerSupreme Court of the United States · 1882
- Sanger v. UptonSupreme Court of the United States · 1875
- Sawyer v. HoagSupreme Court of the United States · 1873
- Hatch v. DanaSupreme Court of the United States · 1880
- In re MurdockDistrict Court, D. Massachusetts · 1869
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3Cited by5 opinions
- Brown v. Republican Mountain Silver Mines, Ltd.Supreme Court of Colorado · 1892
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- Bausman v. KinnearCourt of Appeals for the Ninth Circuit · 1897
- Brampton Woolen Co. v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1930
- Brampton Woolen Co. v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1930