Somers v. Dawson
Supreme Court of Minnesota
Action in the district court for Ramsey county by plaintiff as assignee of Wildwood Park Company, an insolvent corporation, to enforce the statutory liability of its stockholders. From an order, Brill, J., overruling a demurrer to the complaint, defendants, Henry H. Fuller and others, appealed.
1Opinion of the CourtLewis, J.
The respondent, as assignee, brought this action to enforce stockholders’ liability, under Laws 1897, c. 341. The complaint was demurred to as not stating facts sufficient to constitute a cause of action, and, the demurrer having been overruled by the *43court below, appellants argue in its support that the complaint is insufficient, because it fails to state that no action to enforce such liability was begun by the creditors within six months after the assignment or the appointment of a receiver, and, if that point is not well taken, that Laws 1897, c. 341, was repealed by Laws-1899, c. 272,…
2Cases cited5 opinions
- Minneapolis Baseball Co. v. City BankSupreme Court of Minnesota · 1896
- Hamilton v. McIndooSupreme Court of Minnesota · 1900
- Fogle v. SchaefferSupreme Court of Minnesota · 1877
- Rossman v. MitchellSupreme Court of Minnesota · 1898
- Biron v. Board of Water CommissionersSupreme Court of Minnesota · 1889
3Cited by5 opinions
- Colby v. StreetSupreme Court of Minnesota · 1920
- Marquette Trust Co. v. DoyleSupreme Court of Minnesota · 1929
- State Bank of Commerce v. Kenney Band Instrument Co.Supreme Court of Minnesota · 1919
- Stolorow v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1916
- Corey v. PaineSupreme Court of Minnesota · 1926