11 Colo. 551 | Colo. | 1888
The plaintiff in error, a corporation, was plaintiff below, and brought this action in the county court of Boulder county against the defendant, Coffman, where judgment was rendered against the defendant. The case was appealed by him to the district court of said county, where a trial to a jury was had, and a verdict returned, and judgment rendered for defendant. The case is brought here by writ of error.
The defendant was secretary and treasurer of the plaintiff from March, 1881, until April, 1884, and was also one of its director’s. The corporation had but three directors. Prior to the period above named it had adopted certain by-laws, which were in force during such period, and among which were the following sections.- “ Section 3. The secretary shall keep a record of all meetings of the company and of the directors. He. shall collect all moneys due the company by assessment or otherwise, and pay the same into the treasury. He shall be the custodian of the books and papers of the company, and shall countersign all orders and certificates of stock. Sec. 4. The treasurer shall receive all moneys of the company, keep a correct account of the same, and pay them out only upon orders of the president, countersigned by the secretary.” “ Sec. 7. No officer of the company shall receive any compensation for services, except for time and labor actually spent for the benefit of the company, and then not to exceed $2 per day, and to be audited and allowed by the board of directors.” The complaint charges
Stallcup and Bising, CO., concur.
For the reasons assigned in the forego- ’ ing opinion the judgment of the court below is affirmed.
Affirmed.