Legal Opinion

Waite v. Windham County Mining Co.

Supreme Court of Vermont

Decided February 15, 1865PublishedCited by 6 opinions

General Assumpsit. The case was referred to referees who found and reported the following facts : The defendants are a corporation chartered by the legislature of this state in 1856. The company was organized at Brattleboro on the 6th day of May, 1857, by the choice of directors, and S. M. Waite, the plaintiff, secretary. At a meeting of the directors held on the same day David Heaton, 2d, was chosen president and treasurer.

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General Assumpsit. The case was referred to referees who found and reported the following facts : The defendants are a corporation chartered by the legislature of this state in 1856. The company was organized at Brattleboro on the 6th day of May, 1857, by the choice of directors, and S. M. Waite, the plaintiff, secretary. At a meeting of the directors held on the same day David Heaton, 2d, was chosen president and treasurer. A meeting of the stockholders was duly notified and held at Brattleboro, January 6th, 1858, at which meeting a new board of directors were chosen. This meeting adjourned…

1Opinion of the Court

Poland, Ch. J.

The plaintiff was appointed treasurer of the company by the directors of the same. All the directors were present at the time except one, and without reckoning the plaintiff, a majority of the board were present and made the appointment. It is not found that the director who was not present was not notified, so that he might have been present if necessary. But we are riot *611prepared to say that the action of a majority was not legal though one member was not notified. Nor do We deem it necessary there 'should be any formal meeting of the directors in order to enable them to do any…

2Cited by6 opinions

  1. Bridges v. SheldonUnited States Circuit Court · 1880
  2. Powers v. Rutland RailroadSupreme Court of Vermont · 1914
  3. American Exch. Nat. Bank of New York v. First Nat. Bank of Spokane FallsCourt of Appeals for the Ninth Circuit · 1897
  4. Adelaide E. Buck v. Troy Aqueduct Co.Supreme Court of Vermont · 1903
  5. Reirden v. Stephenson, Wright & ValleySupreme Court of Vermont · 1914

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