Legal Opinion

Gebhard v. Eastman

Supreme Court of Minnesota

Decided July 15, 1862PublishedCited by 10 opinions

ARPEAD EEOM TIIE DISTRICT COURT OE HENNEPIN COUNTY. I. — It does not appear upon tbe complaint tbat tbe alleged notes of tbe corporation upon wbicb suit is brought, were made within the legitimate scope of tbe corporate authority, or that they were valid liabilities of the corporation. McCullough vs. Moss, 5 Denio, 567. II. — It does not appear upon tbe complaint tbat tbe Defendant was a stockholder at the time suit was brought.

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ARPEAD EEOM TIIE DISTRICT COURT OE HENNEPIN COUNTY. I. — It does not appear upon tbe complaint tbat tbe alleged notes of tbe corporation upon wbicb suit is brought, were made within the legitimate scope of tbe corporate authority, or that they were valid liabilities of the corporation. McCullough vs. Moss, 5 Denio, 567. II. — It does not appear upon tbe complaint tbat tbe Defendant was a stockholder at the time suit was brought. McCullough vs. Moss, 5 Denio, 567. IH. — It does not appear upon tbe complaint tbat tbe alleged notes were executed in the manner required by the charter of said…

1Opinion of the Court

By the Court

ElaNduau, J.‘

The . complaint was upon three promissory notes executed by the St. Anthony Ealls Water Power Company, — the first one bearing date on the 15th day. of October, 1858, and the last one on the 15th day of May, 1859. The suit is brought by the holder against the Defendant .as one of the stockholders of the company, upon the individual liability created against the stockholders by section eight of the Charter, which reads as follows:

“ Each of the stockholders of said company shall be personally liable for the debts of said company to an amount equal to the amount of the…

2Cases cited1 opinion

  1. McCullough v. MossCourt for the Trial of Impeachments and Correction of Errors · 1846

3Cited by10 opinions

  1. Austin, Commissioner v. StrongTexas Supreme Court · 1928
  2. First National Bank v. Winona Plow Co.Supreme Court of Minnesota · 1894
  3. Olson v. CookSupreme Court of Minnesota · 1894
  4. Hill v. GrahamColorado Court of Appeals · 1898
  5. American Spirits Manufacturing Co. v. EldridgeMassachusetts Supreme Judicial Court · 1911

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