Legal Opinion

Louisville Banking Co. v. Eisenman

Court of Appeals of Kentucky

Decided February 23, 1893PublishedCited by 27 opinions

CASE 13 — PETITION EQUITY — 1. The appellee Eisenman was guilty of intentional fraud, (a) in that he failed and refused to comply with the charter of the corporation in owning all the stock and being the sole director and officer of the corporation.

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CASE 13 — PETITION EQUITY — 1. The appellee Eisenman was guilty of intentional fraud, (a) in that he failed and refused to comply with the charter of the corporation in owning all the stock and being the sole director and officer of the corporation. (First Blackstone, 470; Overseers v. Sears, 27 Pick., 125; First Lawson on Rights and Remedies, 598; Thomas v. Daking, 27 Wendell, 9; Brunswick v.' Dunning, 7 Mass., 447); (b) in that he applied the money of the corporation to the payment of bis own debts. (Gratz v. Redd, 4 B. Mon.; Railroad Company v. Bridges, 7 B. Mon.; Shakers v. Underwood, 9…

1Opinion of the Court

JUDGE PRYOR

delivered the opinion or the court.

A corporation styled The Eisenman Bros. & Co. was organized under chapter 56 of the General Statutes for the purpose of engaging in the milling business and the purchase of grain, &c. The incorporators were Jacob Krieger, Sr., David Frantz, Sr., and J. C. Eisenman. The capital stock of the corporation was fifty thousand dollars, and by its terms -the corporation could begin business when two-fifths of its stock had been paid in. There is some conflict in the testimony as to whether as much stock as twenty thousand dollars had been paid when the…

2Cases cited5 opinions

  1. Button v. HoffmanWisconsin Supreme Court · 1884
  2. Swift v. Smith, Dixon & Co.Court of Appeals of Maryland · 1886
  3. Wilde v. JenkinsNew York Court of Chancery · 1834
  4. First National Bank v. AlmyMassachusetts Supreme Judicial Court · 1875
  5. Winona & St. Peter Railroad v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1877

3Cited by27 opinions

  1. Louisville Gas Co. v. Kaufman, Straus & Co.Court of Appeals of Kentucky · 1898
  2. Llewellyn Iron Works v. Abbott Kidney Co.California Supreme Court · 1916
  3. First National Bank of Gadsden v. Winchester.Supreme Court of Alabama · 1898
  4. Hawley Coal Co. v. BruceCourt of Appeals of Kentucky (pre-1976) · 1934
  5. Barnes v. SmithMontana Supreme Court · 1913

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