114 Ky. 516 | Ky. Ct. App. | 1903
— Reversing.
For several years previous to July 18, 1893, appellee was individual bookkeeper for appellant at .a salary of $50 a month. He was also a notary public, and received the fees for making protests. On that day the bank reduced 'the salary of all its officers, and by a resolution of the directors it was provided that “the salary of the individual bookkeeper be fixed at the rate of $600 per annum, and he shall make all protests free of charge.” Immediately after the adjournment of the board, he was notified of its action, and went to see them. All of the directors but two had left. These told him, in substance, that this was the best they could do, and that, if he did not want the place at that, they could get some one else for less. He then left, and the next morning early came down to the bank and told the president that he had had a talk with his father, who was also one of,,the directors, and had a proposition to make- to him; that he would come back and work for the salary of $50 a month, provided the bank would give him $10 a month for notarial fees. The president said: “You know I can’t do anything of that kind. You will have to see the directors about it.” Appellant replied: “Whatever you say to the directors goes, and, if you say that you will see that I get this, I will go to work.” The president said: “That is all right. You were not asking too much, anyhow.” At the next meeting of the directors, appellee asked the president if he had brought the matter before them, and he said, “No,” he had forgotten it. Nothing more was said about the matter, and appellee drew his salary of $50 monthly, making no charge for notarial fees, and no demand of the money. He left the service of the bank in February, 1896, and in September,, 1898, filed this suit against it to recover $754.50, the
The above are the facts as shown by appellee’s own testimony. There is little controversy in the proof, the only •difference being as to the conversation between him and the president the next morning, the president stating that he agreed simply to refer the matter to the directors; but we do not regard this as material. Appellee knew very well that the board of directors were the proper authorities to fix the salaries of the officers of the bank. He knew that they had fixed his salary at $50 a month, including notarial fees, and he also knew that the president of the bank had no authority to make any contract with him not warranted by the action of the board of directors. He does not, therefore, sue for the $10 a month, or base any claim upon what took place between hiña and the president of the bank. His counsel rests his right to recover on the ground that a contract by a public officer to receive less for his official services than the charges authorized by law, or to discharge his duties gratuitously, is contrary to public ■ policy and void, and therefore appellee is entiiled to recover the legal fees for his services as notary public. When appellee remained in the bank after the board of directors had by resolution fixed his salary, and received month after month from it the amount of salary thus fixed by the board, without demanding more or asserting any claim for other compensation for his services, he must be conclusively held to have •rendered the services on the terms proposed by the board, and to have accepted those terms. When at the end of each month the $50 was paid to him, it was paid not only in satisfaction of his services as bookkeeper, but also in
Judgment reversed, and cause remanded for further proceedings consistent with this opinion.
Petition for rehearing by appellee overruled.