Beyer v. North American Coal & Mining Co.
North Dakota Supreme Court
Appeal from the District Court of Starlc County, K. E. Leighton, J. When a minority stockholder’s suit is brought for the benefit of the corporation which has refused to sue, and the suit is successful, on the principle of benefit in preserving a trust fund, allowance for fees and expenses may be made in proper cases out of the corporate property so benefited. Louisville Bridge Co. v. Dodd, 27 Ky.
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Appeal from the District Court of Starlc County, K. E. Leighton, J. When a minority stockholder’s suit is brought for the benefit of the corporation which has refused to sue, and the suit is successful, on the principle of benefit in preserving a trust fund, allowance for fees and expenses may be made in proper cases out of the corporate property so benefited. Louisville Bridge Co. v. Dodd, 27 Ky. L. Bep. 454, 85 S. W. 683. When there is no benefit gained by the corporation the right of the minority stockholder to be reimbursed for expenses and attorney’s-fees will be denied. Lamar v. Hall &…
1Opinion of the CourtBiedzelx, J.
This is an appeal by the North American Coal & Mining Company from the same judgment that was involved in the appeal of the Investors’ Syndicate recently decided by this court. Beyer v. North American Coal & Min. Co. 42 N. D. 483, 173 N. W. 782. In that appeal the question of the effect of an attempted redemption by the Investors’ Syndicate was presented. The judgment contained a provision invalidating the redemption and holding that the Investors’ Syndicate had no right, title, or interest in the land described, which it had ostensibly acquired by redemption and sheriff’s deed, and this…
2Cases cited5 opinions
- Forrester v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1904
- Grogan v. Valley Trading Co.Montana Supreme Court · 1904
- Beyer v. Investors' SyndicateNorth Dakota Supreme Court · 1915
- Investors' Syndicate v. LettsNorth Dakota Supreme Court · 1911
- Beyer v. North American Coal & Mining Co.North Dakota Supreme Court · 1919
3Cited by5 opinions
- Matter of Estate of RohrichNorth Dakota Supreme Court · 1993
- Kilby v. Movius Land & Loan Co.North Dakota Supreme Court · 1927
- Hildreth v. Western Realty Co.North Dakota Supreme Court · 1932
- Beyer v. Investor's SyndicateNorth Dakota Supreme Court · 1921
- Rohrich v. NoziskaNorth Dakota Supreme Court · 1993