Legal Opinion

Cowling v. Zenith Iron Co.

Supreme Court of Minnesota

Decided June 24, 1896No. Nos. 9910-(225)PublishedCited by 6 opinions

Action in the district court for St. Louis county. The complaint alleged, among other things, that defendant was, and since March, 1892, had been, a corporation organized and existing under and by virtue of the provisions of Laws 1876, c. 28, and the acts amendatory Thereof and supplemental thereto (G. S. 1894, §§ 2827-2837). From an order, Ensign and Moer, JJ., overruling a demurrer to the complaint, defendant Carpenter appealed.

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Action in the district court for St. Louis county. The complaint alleged, among other things, that defendant was, and since March, 1892, had been, a corporation organized and existing under and by virtue of the provisions of Laws 1876, c. 28, and the acts amendatory Thereof and supplemental thereto (G. S. 1894, §§ 2827-2837). From an order, Ensign and Moer, JJ., overruling a demurrer to the complaint, defendant Carpenter appealed. In construing Const, art. 10, § 3, we must recur to the condition of the constitution before it was amended, and consider the occasion, necessity, and object of the…

1Opinion of the CourtCanty, J.

This is an action under G. S. 1894, c. 76, and a defendant stockholder appeals from an order overruling his demurrer to the complaint, on the ground that it does not state facts sufficient to constitute a cause of action. The question involved is the Important one of whether the stockholders of a corporation organized to mine iron ore are exempt from the stockholders’ “double liability.”

In article 10 of the constitution it is provided (section 3):

“Each stockholder in any corporation, excepting those organized for the purpose of carrying on any kind of manufacturing or mechanical business,…

2Cases cited1 opinion

  1. Byers v. Franklin Coal Co.Massachusetts Supreme Judicial Court · 1870

3Cited by6 opinions

  1. Graff v. Minnesota Flint Rock Co.Supreme Court of Minnesota · 1920
  2. Gould v. FullerSupreme Court of Minnesota · 1900
  3. Kremer v. TellinSupreme Court of Minnesota · 1923
  4. State v. CrounseNebraska Supreme Court · 1921
  5. Bald Mountain Mining Co. v. WelshSouth Dakota Supreme Court · 1937

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