Legal Opinion

Passow & Sons v. Wetherbee

Utah Supreme Court

Decided August 20, 1917No. 3047PublishedCited by 6 opinions

Appeal from District Court, Third District; Hon. F. G. Loofbourow, Judge. Action by Passow & Sons against W. L. Wetherbee and others. Judgment for plaintiff against defendant named. Defendant appeals.

1Opinion of the CourtCorfman, J.

This was an action brought by plaintiff in the district court of Salt Labe county to determine the rights of a creditor of a defunct corporation. The complaint, in substance, alleges the corporate existence of the plaintiff and the defendant Utah State National Bank, hereinafter designated bank; that the defendant W. L. Wetherbee Company, hereinafter called company, was organized as a corporation, but on the 3d day of April, 1911, its charter was forfeited by reason of nonpayment of the annual corporation tax; that thereupon it ceased to have any power or authority to continue business, and…

2Cases cited6 opinions

  1. Oakes v. Cattaraugus Water Co.New York Court of Appeals · 1894
  2. Weyeth Hardware & Manufacturing Co. v. James-Spencer-Bateman Co.Utah Supreme Court · 1897
  3. Burnham, Hanna, Munger & Co. v. McCornickUtah Supreme Court · 1898
  4. McCarrick v. Lenox Mining Co.Utah Supreme Court · 1917
  5. National Bank of the Republic v. George M. Scott & Co.Utah Supreme Court · 1898

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3Cited by6 opinions

  1. Merrill v. Abbott (In Re Independent Clearing House Co.)District Court, D. Utah · 1987
  2. Burningham v. BurkeUtah Supreme Court · 1926
  3. John Buxton v. Diversified Resources CorporationCourt of Appeals for the Tenth Circuit · 1980
  4. Larsen v. Associates Financial Service Co.Utah Supreme Court · 1977
  5. Brabham Oil Company Inc v. Fuel Trader Supply LLCDistrict Court, D. South Carolina · 2024

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