Burns v. the Valley Bank

PARKER, J.,

pro

tem.

This action was brought in the court below by the respondent as assignee of Leo V. Young-worth, attorney at law, to recover the sum of fifteen hundred dollars for legal services alleged to have been rendered the defendants at their special instance and request between January 1, 1924, and February 8th of the same year. At the trial the action was dismissed as to the defendant W. D. Mitchell, and the ease proceeded as against Valley Bank, appellant. Judgment was entered in favor of plaintiff and against defendant Valley Bank for the full amount prayed. A motion for a new trial was made and denied, and the present appeal is from the judgment.

The only question presented is as to whether the appellant Valley Bank employed Mr. Youngworth to render the services performed by him. Appellant makes no contention as to the rendering of the services, or that their value was not as found, but insists that the services were not rendered to the appellant.

A brief synopsis of the facts becomes necessary to illustrate the contentions made.

In January, 1924, the Valley Bank was a corporation duly engaged in the business of general banking pursuant to the laws of this state. W. D. Mitchell was the president of the bank, duly elected as such and in actual discharge

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of the general duties pertaining to his office. The by-laws of the corporation provided: “The president shall take charge of the moneys, funds and other property of the corporation and be the acting managing agent of the corporation, subject at all times to the by-laws and orders of the board of directors.” Likewise the by-laws of the corporation provided: “The board of directors shall appoint from their number an executive committee constituted of five members, including the president, for the transaction of such business of the corporation as may require their attention between the meetings of the board of directors of this corporation; and all business transacted by such committee shall be submitted to and be approved by the board of directors at their next regular meeting if required; and this committee shall constitute a standing committee of the corporation, a majority of which may sit in the absence of the regular or special meeting of the committee and have the power and authority herein conferred by the board of directors.”