Legal Opinion

Carr v. Chartiers Coal Co.

Supreme Court of Pennsylvania

Decided July 1, 1855PublishedCited by 3 opinions

Error to the District Court of Allegheny county. The action below was assumpsit by the Chartiers Coal Company, an incorporated body, to recover from its secretary, Carr, the defendant below, |200 retained by him beyond his annual salary, for extra services which he claimed to have rendered the company in numbering, filling, and countersigning coupon bonds issued by the company.

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Error to the District Court of Allegheny county. The action below was assumpsit by the Chartiers Coal Company, an incorporated body, to recover from its secretary, Carr, the defendant below, |200 retained by him beyond his annual salary, for extra services which he claimed to have rendered the company in numbering, filling, and countersigning coupon bonds issued by the company. The cause being submitted to the Court below upon a case stated, judgment was entered for the plaintiff below; to reverse which the defendant sued out this writ.

1Opinion of the Court

The opinion of the Court was delivered by

Black, J. —

A person employed as the secretary of a private corporation, at a fixed rate of compensation, cannot demand extra pay for services in that capacity, which were not anticipated at the time of his appointment, or which were not enumerated in the charter or by-laws. The fair construction of his contract is, that he will do whatever his employers may have occasion to employ a secretary about.

' Judgment affirmed.

2Cited by3 opinions

  1. Martindale v. Wilson-Cass Co.Supreme Court of Pennsylvania · 1890
  2. McGuire v. Interurban Railway Co.Supreme Court of Iowa · 1924
  3. Schoen v. Lipkin, Exctx.Superior Court of Pennsylvania · 1931