Wild v. New York & Austin Silver Mining Co. 14 N.Y. 644

Edward A. Wild, Respondent, v. The New York and Austin Silver Mining Company, Appellant.

(Argued November 27, 1874;

decided December 15, 1874.)

This action was brought by plaintiff to recover a balance of salary alleged to be due him as superintendent of defendant’s mines in Nevada, and for moneys paid out by him in and about the business of the company, mostly for costs and expenses in various litigations with other claimants, and payments made in buying up and compromising outside claims. The balance upon the salary was not questioned.

Plaintiff, to prove authority for the various items of expenditure, was allowed to prove, under objection, various acts, statements and declarations, written and verbal, of the president, secretary and treasurer of the company, who were in charge of, and conducting its affairs, subject to the general supervision of its directors. Held, proper, as it appeared they were done and made in the discharge of their duties, by the managing officers, in the course of the company’s business, and relating directly to current transactions therein; that it was not necessary to show authority by express resolution of the board of directors, or by power of attorney, or other formal corporate action.

The referee found the amount to which plaintiff was entitled in coin, then added thereto the premium upon gold, directing a judgment in currency for the amount. Held, error; that the judgment should have been for the amount stated in coin, payable in coin.

*645W. H. Peckham for the appellant.

A G. Hull for the respondent.