99 Neb. 502 | Neb. | 1916
The plaintiff is a firm engaged in dealing in grain in Kansas City, Missouri. The defendant is a corporation under the laws of this state, and owns an elevator at Burr, Nebraska, and was engaged there in buying and shipping grain. The defendant employed one Beckman, who had
The plaintiff contends that there is not sufficient evidence to justify the finding that the plaintiff appropriated the proceeds of the defendant’s claim upon its dealings with the defendant’s agent, but this contention does not appear to be much discussed in the briefs. The principal contention of the plaintiff appears to be that the defendant’s claim is not a proper subject of set-off. The evidence shows that the capital stock of the defendant company was $5,000, and that the highest amount of indebtedness it could incur was two-thirds of its subscribed capital stock; that the by-laws of the defendánt company provided: “No officer, employee, or member of this corporation shall be allowed to speculate in grain, or other commodities, using the seal of the corporation therefor.” The evidence also shows that the agent was in fact speculating in grain
The judgment of the district court is
Affirmed.