Legal Opinion

Helm v. Smith-Fee Co.

Supreme Court of Minnesota

Decided May 22, 1899No. Nos. 11,511-(63)PublishedCited by 4 opinions

Action in the district court for St. Louis county by plaintiff as judgment creditor of defendant corporation, on behalf of himself and other creditors, to enforce the constitutional liability of defendant stockholders. Watson S. Moore, one of defendant stockholders, answered and set up certain counterclaims as stated in the opinion.

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Action in the district court for St. Louis county by plaintiff as judgment creditor of defendant corporation, on behalf of himself and other creditors, to enforce the constitutional liability of defendant stockholders. Watson S. Moore, one of defendant stockholders, answered and set up certain counterclaims as stated in the opinion. The case was tried before Moer, J., who found as conclusions of law that defendant Moore was liable as a stockholder for $11,800 and was entitled to recover $4,500. From an order denying a motion for a new trial, said defendant appealed.

1Opinion of the CourtCollins, J.

This was an action brought by plaintiff, as a judgment creditor of defendant, the insolvent corporation, against it and its stockholders, under the provisions of G-. S. 1894, c. 76.

Appellant, Moore, was one of the stockholders; and, when answering plaintiff’s complaint, he set up by way of counterclaim several demands held by him against the corporation, arising principally out of transactions in which he had either indorsed or guarantied its promissory notes, and had been compelled to pay. Among these demands were the two involved in this appeal. According *330to the pleadings and the findings,…

2Cases cited1 opinion

  1. Pioneer Fuel Co. v. St. Peter Street Improvement Co.Supreme Court of Minnesota · 1896

3Cited by4 opinions

  1. Reimers v. LarsonNorth Dakota Supreme Court · 1925
  2. Helm v. Smith-Fee Co.Supreme Court of Minnesota · 1900
  3. Wragg v. WraggSupreme Court of Iowa · 1929
  4. Evert v. FelskaSupreme Court of Minnesota · 1928

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