Henry v. Rutland & Burlington Railroad
Supreme Court of Vermont
Qonstruction of vote. Book Account. The disputed items in the plaintiff’s account were charges for 574 days services at $5.00 per day. The auditor reported that the plaintiff performed the services, and that they were reasonably worth the sum charged; and he also reported the following facts.
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Qonstruction of vote. Book Account. The disputed items in the plaintiff’s account were charges for 574 days services at $5.00 per day. The auditor reported that the plaintiff performed the services, and that they were reasonably worth the sum charged; and he also reported the following facts. At the time of performing the services, the plaintiff was one of the directors of the Rutland and Burlington Railroad Company, formerly the Champlain and Connecticut River Railroad Company, and also one of the executive committee, which was a committee appointed by the directors, from their own body, as…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The auditor has found that the services, as charged by the plaintiff, were not only rendered, but that the charges are reasonable in amount. That finding is conclusive upon those matters, if the amount of compensation is not limited by the vote of the directors. Whether the services charged in this account are limited by that vote is the question in the case. They obviously are so limited, if they could not have been rendered in any other capacity than as director. Services of that character cannot be delegated to others. The plaintiff’s duty,…
2Cases cited1 opinion
- Lyon v. JeromeNew York Supreme Court · 1841
3Cited by14 opinions
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- Holder v. Lafayette, Bloomington & Mississippi Ry. Co.Illinois Supreme Court · 1873
- Taussig v. St. Louis & Kirkwood RailroadSupreme Court of Missouri · 1901
- Bagley v. Carthage, Watertown & Sackets Harbor RailroadNew York Court of Appeals · 1900
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