Willius v. Albrecht
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Ramsey county, Olin B. Lewis, J., overruling demurrers to the com: plaint and to the separate causes of action therein stated. Laws 1899, c. 272, constituted no part of defendant’s alleged “contract” as a stockholder. The fact is that statute was not enacted until long after the last issue of stock had been made by said bank to defendant.
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Appeal by defendant from an order of the district court for Ramsey county, Olin B. Lewis, J., overruling demurrers to the com: plaint and to the separate causes of action therein stated. Laws 1899, c. 272, constituted no part of defendant’s alleged “contract” as a stockholder. The fact is that statute was not enacted until long after the last issue of stock had been made by said bank to defendant. Does the remedy, in point of fact, constitute any part of the contract at all? If so, then the receiver was entirely precluded from proceeding against defendant under that statute to enforce a…
1Opinion of the CourtElliott, J.
This action was brought by Gustav Willius, as receiver of the Germania Bank, to ’ recover from’. Frn-st Albrecht the sum of $5,000 alleged to be due from him as a stockholder on account of statutory liability upon his stock. The defendant demurred to the complaint, and to each of the two causes of action attempted to be pleaded therein, on the ground that the facts -stated do not constitute a cause of action. The appeal is from an order overruling the demurrers.
The arguments have taken a wide--range, and the briefs are very elaborate; but much of the labor.-.of counsel must go for naught, as…
Also in this document: Per curiam.
2Cases cited8 opinions
- Willis v. MabonSupreme Court of Minnesota · 1892
- Straw & Ellsworth Manufacturing Co. v. L. D. Kilbourne Boot & Shoe Co.Supreme Court of Minnesota · 1900
- Hanson v. DavisonSupreme Court of Minnesota · 1898
- Bennett v. ThorneWashington Supreme Court · 1904
- Ganser v. GanserSupreme Court of Minnesota · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Olesen v. RetzlaffSupreme Court of Minnesota · 1931
- Shearer v. ChristySupreme Court of Minnesota · 1917
- Knipple v. LipkeSupreme Court of Minnesota · 1941
- Miller v. AhnemanSupreme Court of Minnesota · 1931
- Lagerman v. CasserlySupreme Court of Minnesota · 1909
6 more not listed; retrieve them via the Exa API.