Legal Opinion

Marshall Field & Co. v. Evans, Johnson, Sloane & Co.

Supreme Court of Minnesota

Decided November 6, 1908No. Nos. 15,836—(66)PublishedCited by 4 opinions

Defendant corporation becoming insolvent Charles E. Hamilton was appointed receiver of its property in an action in the district court for Ramsey county, and given express authority to enforce the constitutional liability of its stockholders by means of an assessment ordered pursuant to Laws 1899, c. 272. The court having made its order requiring creditors to present their claims Loeb & Schoenfeld Company intervened, and filed its complaint setting up its claim for a sum in…

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Defendant corporation becoming insolvent Charles E. Hamilton was appointed receiver of its property in an action in the district court for Ramsey county, and given express authority to enforce the constitutional liability of its stockholders by means of an assessment ordered pursuant to Laws 1899, c. 272. The court having made its order requiring creditors to present their claims Loeb & Schoenfeld Company intervened, and filed its complaint setting up its claim for a sum in excess of $19,000, to which the receiver and plaintiff interposed an answer that claimant was the holder of fifty shares…

1Opinion of the CourtStart, C. J.

The plaintiff duly recovered a judgment in the district court of the county of Ramsey sequestrating the property of the defendant, an insolvent corporation organized under the laws of this state, and appointing the appellant as receiver thereof, with authority to enforce the liability of its stockholders for its debts. The respondent, a corporation and creditor of the defendant, presented by its complaint its claim, amounting to some $19,000. In answer to this complaint the receiver asserted a claim amounting to $5,000 against the respondent on account of its alleged liability for an…

2Cases cited5 opinions

  1. Burgess v. SeligmanSupreme Court of the United States · 1883
  2. Harper v. CarrollSupreme Court of Minnesota · 1896
  3. McMullan v. Dickinson Co.Supreme Court of Minnesota · 1896
  4. State v. Bank of New EnglandSupreme Court of Minnesota · 1897
  5. Hershey v. WelchSupreme Court of Minnesota · 1905

3Cited by4 opinions

  1. Bartlett v. StephensSupreme Court of Minnesota · 1917
  2. Gruetzmacher v. QuevliSupreme Court of Iowa · 1929
  3. Hamilton v. LevisonU.S. Circuit Court for the District of Southern New York · 1911
  4. Way v. BarneySupreme Court of Minnesota · 1914

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