Bevier Black Diamond Coal Co. v. Watson
Missouri Court of Appeals
Error to Macon Circuit Court . — Hon. Nat. M. Shelton, Judge. • (1) No- salary can be allowed to defendant or recovered by him for acting as treasurer of the corporation in the absence of some provision of the charter of the company, its by-laws or resolutions of its directors authorizing and fixing the same. Taussig v. Railroad, 166 Mo. 28; Besch v. Carriage Co., 36 Mo. App. 333; Renners v. Schiro Sekey, 70 Mo. App. 364; Pfeiffer v. Landsburg, 44 Mo.
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Error to Macon Circuit Court . — Hon. Nat. M. Shelton, Judge. • (1) No- salary can be allowed to defendant or recovered by him for acting as treasurer of the corporation in the absence of some provision of the charter of the company, its by-laws or resolutions of its directors authorizing and fixing the same. Taussig v. Railroad, 166 Mo. 28; Besch v. Carriage Co., 36 Mo. App. 333; Renners v. Schiro Sekey, 70 Mo. App. 364; Pfeiffer v. Landsburg, 44 Mo. App. 59. (2) The treasurer could not take the moneys in his hands, which he held as servant and custodian of the company, and apply them on his…
1Opinion of the CourtEllison, J.
This is an action at law for money had and received by defendant of plaintiff in the sum of $7,500. The answer set up a counterclaim for money paid out to plaintiff’s use and at its request, $706.63, and the further claim of salary due defendant as treasurer and manager of the plaintiff corporation in the sum of $3,833.33. The case involved a lengthy investigation and accounting and was by the court referred to a referee. The referee reported a finding in favor of plaintiff for $3,160.34. Exceptions were taken to the *453report and the trial court refused to adopt it, hut made a finding that a…
2Cases cited8 opinions
- Taussig v. St. Louis & Kirkwood RailroadSupreme Court of Missouri · 1901
- Price v. HallettSupreme Court of Missouri · 1897
- McDonnell v. De Soto Savings & Building Ass'nSupreme Court of Missouri · 1903
- Fox v. YoungMissouri Court of Appeals · 1886
- Emporium Real Estate & Manufacturing Co. v. EmrieIllinois Supreme Court · 1870
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3Cited by2 opinions
- Puller v. Royal Casualty Co.Supreme Court of Missouri · 1917
- Mitchell v. United Railways Co.Missouri Court of Appeals · 1907