Lyness v. Kuske Realty Co.

The plaintiff is a creditor of the defendant L.J. Kuske Realty Company. During all the times involved in this controversy the defendants, L.J. Kuske, O.O. Juliar, H. Ingvaldson, Dick Engbrecht, and A.V. Zuber, were directors of said corporation. Plaintiff was the owner and holder of a certain note executed by the defendant corporation and secured by a real estate mortgage. The mortgage was foreclosed by action. A deficiency judgment resulted. A general execution was issued upon such judgment, which execution was returned unsatisfied. The plaintiff thereupon instituted this action to set aside…