Legal Opinion

Olmstead v. Vance & Jones Co.

Illinois Supreme Court

Decided April 16, 1902PublishedCited by 15 opinions

Writ of Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. The Smith & Jones Company, a corporation of Illinois, was formed in 1893 for the purpose of manufacturing boots and shoes, with a capital stock of $125,000, $60,000 of which was subscribed by J. C. Smith, $2500 by David Tilt and $62,500 by Arthur G. Jones.

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Writ of Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. The Smith & Jones Company, a corporation of Illinois, was formed in 1893 for the purpose of manufacturing boots and shoes, with a capital stock of $125,000, $60,000 of which was subscribed by J. C. Smith, $2500 by David Tilt and $62,500 by Arthur G. Jones. On the 16th day of January, 1894, there was submitted to Bentley & Olmstead, who were wholesale boot and shoe dealers in Des-Moines, Iowa, a proposition,…

1Opinion of the CourtJustice Ricks

It is contended by defendants in error, the objectors below, that an agreement by a corporation to buy its own stock is equivalent to a contract to diminish its capital, and cannot be enforced to the injury of creditors. Plaintiff in error contends, that at the date of the contract between the Smith & Jones Company and Bentley & Olmstead none of the objectors were creditors; that the contract, as soon as the stock was delivered to Bentley & Olmstead, became an executed contract, and therefore no present creditors of the corporation are or can be injured, and that the corporation could…

2Cases cited1 opinion

  1. Clapp v. PetersonIllinois Supreme Court · 1882

3Cited by15 opinions

  1. McIntyre v. E. Bement's SonsMichigan Supreme Court · 1906
  2. Keith v. KilmerCourt of Appeals for the First Circuit · 1919
  3. Boggs v. FlemingCourt of Appeals for the Fourth Circuit · 1933
  4. Bunker Hill Country Club v. McElhattonAppellate Court of Illinois · 1935
  5. Davies v. Montana Auto Finance Corp.Montana Supreme Court · 1930

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