1 Shrewsbury & B. Ry. Co-, v. Northwestern Ry. Co., 6 H. L. Cas. 113 (1857). See Ernest v. Nicholls, ib. 401 (1857).
2 Susquenanna Depot v. Barry, 61 Penn. St. 317 (1869); Washington County v. Berwick, 56 Penn. St. 474 (1867); Weister v. Hade, 52 Penn. St. 474 (1866).
3 Weister v. Hade, supra.
4 Susquehanna Depot v. Barry, supra.
5 Webb v. Heme Bay Commissioners, Law R. 5 Q. B. 642 (1870). And see Hill v. Manchester Water Works, 2 B. & Ad. 544; Horton v. Westminster Commissioners, 7 Exch. 780; Re Bahia & San Francisco Railway Co., Law R. 3 Q. B. 584; Freeman v. Cooke, 2 Exch. 654. See, however, Chambers v. Manchester & Milford Railway Co., 5 B. & S. 588, though in this case the bond was an absolute nullity, and it was in the hands of the original obligee. See, further, Stevens v. Gourley, 7 C. B. (n. s.) 99.
6 Bird v. Daggett, 97 Mass. 494; Monument National Bank v. Globe Works, 101 Mass. 57 (1869); Farmers1 & Mechanics' Bank v. Empire Stone Dressing Co., 5 Bosw. 275.
§ 400. Officers of a corporation, prima facie, cannot recover for services on a quantum meruit; they are entitled to compensation only by express contract.1 Nor can a director recover for services, who was elected to serve without compensation, though a subsequent resolution was passed to pay him.2 And the rule is as applicable to presidents and treasurers or other officers as to directors.3 So where the president of a corporation had been serving under a salary fixed by vote, it was held that this vote did not extend to his successor, so that he could claim the same salary by written agreement.4
1 Kilpatrick v. Penrose Bridge Co., 49 Penn. St. 118 (1865). Ordinarily they are presumed to render their services gratuitously.
2 Loan Association v. Stonemetz, 29 Penn. St. 534 (1858).
3 Kilpatrick v. Penrose Bridge Co., supra.
4 Commonwealth Ins. Co. v. Crane, 6 Met. 64. See also Dunston v. Imperial Gas Co., 3 B. & Ad. 125; Bradford v. Kimberly, 3 Johns. Ch. 431, explained in Kilpatrick v. Penrose Bridge Co., supra.