Legal Opinion

Marshall v. Harris

Supreme Court of Iowa

Decided December 13, 1880PublishedCited by 8 opinions

Appeal from Louisa Crrcwit Court. The plaintiff is a creditor of an association of persons who did business together under the name of The Co-operative Store of Morning Sun and Yicinity. The defendants were members of the association. The plaintiff recovered'a judgment upon his claim against the association, and collected a portion of it.

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Appeal from Louisa Crrcwit Court. The plaintiff is a creditor of an association of persons who did business together under the name of The Co-operative Store of Morning Sun and Yicinity. The defendants were members of the association. The plaintiff recovered'a judgment upon his claim against the association, and collected a portion of it. This action is brought to recover the balance of the defendants; the claim against them being based upon the ground that while the members of the association adopted articles of incorj)oration, jiroviding for exemption from individual liability, they failed…

1Opinion of the Court

Adams, Oh. J.

1. corporatopnijifeiinoof0esiockiíoíders' — Section 1068 of the Code provides that a failure to comply -with the law substantially in respect to publicity renders the individual property of the Jr d ^ r r j stockholders liable for the corporate debts. In Eisfeld v. Kenworth, 50 Iowa, 389, a question arose in regard to this identical' association as to whether the failure to publish notice, which is conceded, was such a failure to comply with the law as was sufficient to render the individual property of the stockholders liable, and it was held that it was.

Such having been the…

2Cases cited1 opinion

  1. Eisfeld v. KenworthSupreme Court of Iowa · 1879

3Cited by8 opinions

  1. Seaton v. GrimmSupreme Court of Iowa · 1899
  2. Walton v. OliverSupreme Court of Kansas · 1892
  3. Thornton v. BalcomSupreme Court of Iowa · 1892
  4. City of Rome v. ReeseCourt of Appeals of Georgia · 1917
  5. Parsons v. Rinard Grain Co.Supreme Court of Iowa · 1919

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