Legal Opinion

Paxton v. Bacon Mill & Mining Co.

Nevada Supreme Court

Decided July 1, 1866PublishedCited by 5 opinions

Appeal from the District Court of the First Judicial District, Storey County, Hon. Richard Risins presiding. • The facts are stated in the Opinion. When the mining association of Fairfax, Doake & Co. became incorporated for the purpose of more effectually carrying out and executing the original purpose of the association, and the corporation accepted a transfer of all the property of the association, it became liable, primarily, for all its debts.

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Appeal from the District Court of the First Judicial District, Storey County, Hon. Richard Risins presiding. • The facts are stated in the Opinion. When the mining association of Fairfax, Doake & Co. became incorporated for the purpose of more effectually carrying out and executing the original purpose of the association, and the corporation accepted a transfer of all the property of the association, it became liable, primarily, for all its debts. (Angelí & Ames on Corporations, Secs. 169 and 592, and the following authorities cited in note 5 to Sec. 169: Haslett y. Witherspoon, 2 Strob. Eq.…

1Opinion of the Court

Opinion by

Lewis, C. J., Beatty, J., concurring.

Fairfax, Doake & Co., whilst proprietors of the Bacon mining ground, contracted the indebtedness upon which this action is founded, by over-drafts on the bank of the plaintiffs; the money thus obtained being used in the development and working of the *259mine. After this debt was contracted, Fairfax, Doake, and their copartners associated themselves with the proprietors of a certain quartz mill, and incorporated the property of -both associations under the name of the Bacon Mill and Mining Company. By this arrangement the proprietors of the mill…

2Cited by5 opinions

  1. County of Clark v. Bonanza No. 1Nevada Supreme Court · 1980
  2. Shire Development v. Frontier InvestmentsCourt of Appeals of Utah · 1990
  3. Jacobson v. SternNevada Supreme Court · 1980
  4. St. Clair Lime Co. v. Ada Lime Co.Supreme Court of Oklahoma · 1945
  5. Baker Furniture Co. v. HallNebraska Supreme Court · 1906

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