Wilcox v. Bickel
Nebraska Supreme Court
Appeal from the sustaining of a demurrer to plaintiff’s petition in the district court for Lancaster county, held by Pound, J. The petition states, among other things, the organization of the Nebraska Leather Company, plaintiff’s possession and interest as stockholder therein, and conveyances to defendants of the real estate belonging to the corporation by the president, one Holcomb, and one Baldwin, claiming to act as secretary, without any authority of the stockholders or…
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Appeal from the sustaining of a demurrer to plaintiff’s petition in the district court for Lancaster county, held by Pound, J. The petition states, among other things, the organization of the Nebraska Leather Company, plaintiff’s possession and interest as stockholder therein, and conveyances to defendants of the real estate belonging to the corporation by the president, one Holcomb, and one Baldwin, claiming to act as secretary, without any authority of the stockholders or board of directors, without consideration, and for a fraudulent purpose of benefiting Holcomb and Baldwin, and that they…
1Opinion of the CourtCobb, J.
Under the state of facts set up in the petition, it cannot be doubted that the Nebraska Leather Company, were it in a condition to assert its rights, could maintain an action against the defendants Ely and Bickell, and to clear its real estate from the cloud cast upon its title by the conveyances described. The plaintiff'shows himself to be the owner of the equal one-half of the capital stock of the said corporation, and accordingly deeply interested in the preservation of its property. *156Not only so; lie shows that he is in the lawful possession of said real estate under and by authority…
2Cited by3 opinions
- Ponca Mill Co. v. MikesellNebraska Supreme Court · 1898
- Fisher v. National Mortgage Loan Co.Nebraska Supreme Court · 1937
- Ashton v. Dashaway Ass'nCalifornia Supreme Court · 1890