State ex rel. Prout v. Nebraska Home Co.
Nebraska Supreme Court
Original action in the nature of quo warranto to annul the corporate existence of the defendant for misuse and abuse of its corporate franchise, the abuse complained of being, as is alleged, the soliciting, selling and executing unlawful contracts for the ostensible purpose of assisting the purchasers thereof in procuring homes. The petition set out a contract.
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Original action in the nature of quo warranto to annul the corporate existence of the defendant for misuse and abuse of its corporate franchise, the abuse complained of being, as is alleged, the soliciting, selling and executing unlawful contracts for the ostensible purpose of assisting the purchasers thereof in procuring homes. The petition set out a contract. The answer denied the issuance of any such contract, but set out three other forms which it alleged were issued; and alleged the lawfulness of these and all other contracts issued. The following provision is common to all the…
1Opinion of the Court
Sedgwick;, J.
This is an information in the nature of quo warranto to annul the corporate existence of defendant and oust it of its corporate powers, franchises and privileges. To the answer of the defendant the attorney general filed a general demurrer. The answer alleges that defendant has been and is entering into contracts with various parties in pursuance of its franchise. The terms of these contracts are set out in full in the answer. The principal questions presented and discussed by counsel are: First. Do these contracts contain the elements of a lottery? Second. Are they unlawful as…
2Cases cited1 opinion
- MacDonald v. United StatesCourt of Appeals for the Seventh Circuit · 1894
3Cited by12 opinions
- State ex rel. Sorensen v. Ak-Sar-Ben Exposition Co.Nebraska Supreme Court · 1929
- State ex rel. Hathorn v. United States Express Co.Supreme Court of Minnesota · 1905
- Mann v. German-American Investment Co.Nebraska Supreme Court · 1903
- Gray v. MontgomeryArizona Supreme Court · 1922
- State Ex Rel. Home Planners Depository v. HughesSupreme Court of Missouri · 1923
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