Legal Opinion

Union Pacific R. v. Convers

Supreme Court of Kansas

Decided February 15, 1867PublishedCited by 2 opinions

Error from Wyandotte County. The evidence and facts of tile case sufficiently appear in the opinion of the court. contended : 1. Corporations must act "by agents duly constituted. {Ang. & Ames' s Cor., §276; Story Agency, % 16.) The power of appointing such agents belongs to the coz’poration, unless the charter defines a different method. {Angel, §277.) The charter method must he pursued.

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Error from Wyandotte County. The evidence and facts of tile case sufficiently appear in the opinion of the court. contended : 1. Corporations must act "by agents duly constituted. {Ang. & Ames' s Cor., §276; Story Agency, % 16.) The power of appointing such agents belongs to the coz’poration, unless the charter defines a different method. {Angel, §277.) The charter method must he pursued. Id., §277. 2. By the charter of plaintiffs, this power is vested in the board of directors {Char. W. Leart. & Pawnee B. B. Co., §5), and should be by vote or resolution. {Angel, §283; Randall v. Vanrechton,…

1Opinion of the Court

By the Court,

Safford, J.

This case was tried by the district court of Wyandotte county, without the intervention of a jury, and by consent of parties.

There was a general finding by the court, and an assessment of' damages in favor of the defendant in error.

The plaintiffs in error and defendants below moved for a new trial, which was refused, and judgment rendered in accordance with the general finding and assessment of damages. To the overruling of the motion for a new trial and the findings and judgment of the court, the defendants "below duly excepted, and firing the case here for review.…

2Cited by2 opinions

  1. Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
  2. Rose v. WilliamsSupreme Court of Kansas · 1870

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