Cavanaugh v. Patterson
Supreme Court of Colorado
Appeal from the District Court of the City md County of Denver. Son. Frank W. Owers, Judge. Action by Edward J. Cavanaugh, against Prank 'G-. Patterson and Samuel B. "Taggart. Prom a judgment for defendants, plaintiff appeals. The question presented by this appeal is the liability of directors of a corporation for indebtedness incurred thereby after the lapse of the period when, in accordance with the provisions of § 491, Mills’ Ann.
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Appeal from the District Court of the City md County of Denver. Son. Frank W. Owers, Judge. Action by Edward J. Cavanaugh, against Prank 'G-. Patterson and Samuel B. "Taggart. Prom a judgment for defendants, plaintiff appeals. The question presented by this appeal is the liability of directors of a corporation for indebtedness incurred thereby after the lapse of the period when, in accordance with the provisions of § 491, Mills’ Ann. Stats., such corporation should have filed its annual report. This section, as it existed at the time when such indebtedness was created, provided, in substance,…
1Opinion of the CourtJustice Gabbert
The report for 1901 was due sixty days from the first day of January of that year. Directors of a domestic corporation during the period it is in default, in failing to file the annual report required by the statute, become personally liable for the indebtedness incurred by such corporation during that period. The statute in question has been so construed in numerous decisions of the court of appeals and this court, among which we cite Colo. Fuel & Iron Co. v. Lenhart, 6 Colo. App. 511; and Austin v. Berlin, 13 Colo. 198. New York has a similar statute, and the courts of that state have given…
2Cases cited5 opinions
- Boughton v. . OtisNew York Court of Appeals · 1860
- Shaler and Hall Quarry Company v. . BlissNew York Court of Appeals · 1863
- State ex rel. Barton Co. v. Kansas City, Ft. S. & G. R.U.S. Circuit Court for the District of Western Missouri · 1887
- Austin v. BerlinSupreme Court of Colorado · 1889
- Wilson v. PeopleSupreme Court of Colorado · 1906
3Cited by11 opinions
- Continental Supply Co. v. AbellMontana Supreme Court · 1933
- Noe v. DolanSupreme Court of Colorado · 1979
- Vail v. Denver Building & Construction TradesSupreme Court of Colorado · 1941
- Moore v. CommonwealthSupreme Court of Virginia · 1930
- Martinez v. PeopleSupreme Court of Colorado · 1971
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