Chamberlain v. Chamberlain, Care & Boyce, Inc.

O’Malley, Edward R., J.:

Plaintiff sues to recover the sum of $2,046.37 upon an account stated. The case was tried before the court and a jury. At the close of the evidence it was stipulated that the jury be discharged, and the questions of fact be submitted to the court for determination.

There is little, if any, dispute as to the facts. It appears that plaintiff was a stockholder, director and an employee of the defendant for some time prior to December 9, 1920. On that day certain resolutions were passed by the board of directors of the defendant, at a special meeting, granting “ additional…