Potts v. Rose Valley Mills

Citations

• 167 Pa. 310
• 31 A. 655
• 1895 Pa. LEXIS 901

Syllabus

<p>Corporations — Compensation of officers — Assignment for creditors.</p> <p>Where an officer of a corporation, which has made an assignment for the benefit of creditors, has performed or has been ready to perform the duties of his office, he is entitled to compensation for the unexpired portion of his term during which the company’s property was in the hands of the assignee. The assignment did not release the corporation from its contract to pay its treasurer for the period for which he was elected.</p> <p>Where, however, the treasurer held over without a reflection, while the property of the company was in the hands of the assignee, the presumption is against his right to recover; but if, in fact, services pertaining to his office were rendered by him while so holding over, such services were evidence of his continuance in office and of the consequent right to recover the salary thereof, and evidence of these services should have been submitted to the jury.</p>