Corgan v. George F. Lee Coal Co.

Citations

• 218 Pa. 386
• 67 A. 655
• 1907 Pa. LEXIS 531

Syllabus

<p>Master and servant — Dismissal of servant — Grounds for dismissal.</p> <p>Where a person is employed by a mining company as foreman “for so long a time up to five years that he satisfactorily performs his duties as foreman,” the company has the absolute right, whenever it becomes in good faith dissatisfied with the services of the foreman, to discharge him; and if the company discharges him for a cause assigned and not sufficient, and it appears that at the time the company had the right to discharge him for another cause, such discharge will not be unlawful because a wrong reason had been given for it.</p> <p>The master is not bound to give any reason for the dismissal at the time, and if he does, he is not thereby estopped from setting up any other, or different cause, which really existed when the servant was discharged.</p> <p>Corporations — Dividends and profits — Suit for dividends.</p> <p>A shareholder cannot ordinarily sue the corporation- for his share of accumulated profits until a dividend has been declared, a matter which generally rests within the sound discretion of the directors, which discretion the courts will not control unless it has been plainly abused.</p> <p>The sale of the stock of a corporation carries to the vendee the right to all dividends thereafter declared, and this is the case, although the profits from which such dividends have been declared, may have accrued prior to the sale of the stock.</p> <p>Mines and mining — Mine foreman — Mine superintendent.</p> <p>A person who was employed as a “mine foreman” and whose duties as such are confined to the underground portion of a colliery which constitutes the mine proper, is not the superintendent of the colliery withiii the meaning of the Act of June 2, 1891, P. L. 176, and is therefore not required to give the notices prescribed by article 14.</p> <p>Appeals — Review—Reasons for judgments.</p> <p>The appellate court does not review reasons for judgments. If the judgment be right, even t