Winfield Mortgage & Trust Co. v. Robinson

Citations

• 89 Kan. 842
• 132 P. 979
• 1913 Kan. LEXIS 135

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Corporation — Compensation for Services of President — Ordinary Duties. A president of a corporation is not entitled to compensation for performing the ordinary duties of his office in the absence of a' previous agreement or authorization by the board of directors.</p> <p>2. -- Employing Counsel — Directing Litigation. The employment of counsel in behalf of the corporation and the directing of litigation in which it is interested is one of the ordinary duties and powers of' a president of a corporation.</p> <p>8. Money Received — By President — Action to Recover — When Interest Not Allowed. Where a president of a corporation institutes and carries on litigation in its behalf in which money is recovered and there arises a bona fide dispute between him and the corporation as to what expenses of the litigation shall be paid out of the fund, and also whether he is entitled to retain compensation for his services in connection with the litigation, and an action is brought against him to recover the money withheld in which some of his claims are upheld and others disallowed, and there is no vexatious or unreasonable delay in the payment of the money, he is not liable for interest on the money so withheld.</p>