Merchants' National Bank v. Bailey Manufacturing Co.
Supreme Court of Minnesota
Appeal by Gustav Willius and other defendants from an order of the district court for Bamsey county, Wilkin, J., presiding, overruling their demurrer to the complaint.
Read the full summary
Appeal by Gustav Willius and other defendants from an order of the district court for Bamsey county, Wilkin, J., presiding, overruling their demurrer to the complaint. In substance the complaint alleges the following facts: The plaintiff is a corporation organized and incorporated under the “National-bank Act,” and for more than three years last past the Bailey Manufacturing Company has been and now is a corporation duly organized and incorporated under the provisions of Gen. St. 1878, c. 34, title 2.- On January 31, 1882, the Bailey Manufacturing Company duly made and for value delivered to…
1Opinion of the CourtGileillan, C. J.
The plaintiff, a creditor of the corporation defendant, sues it for the debt, and joins the other defendants, subscribers to and holders of its capital stock, to have determined and *325enforced their liability to creditors for the unpaid instalments on their stock. Some of the stockholder defendants demur to the complaint on two grounds: That there is a defect of parties defendant, and that no cause of action was stated against them. As to the latter ground two propositions are made: First, that there is no joint liability, the liability of the stockholders being several, or each for himself…
2Cases cited3 opinions
- Allen v. WalshSupreme Court of Minnesota · 1879
- Johnson v. FischerSupreme Court of Minnesota · 1883
- Jones v. RahillySupreme Court of Minnesota · 1871
3Cited by12 opinions
- First National Bank v. Gustin Minerva Consolidated Mining Co.Supreme Court of Minnesota · 1890
- Eau Claire National Bank v. BensonWisconsin Supreme Court · 1900
- Patterson v. StewartSupreme Court of Minnesota · 1889
- Arthur v. WilliusSupreme Court of Minnesota · 1890
- Hospes v. Northwestern Manufacturing & Car Co.Supreme Court of Minnesota · 1889
7 more not listed; retrieve them via the Exa API.