Allen v. Rhodes
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Nebraska; Page Morris, Judge. Suit by Walter H. Rhodes, successory receiver of the Omaha, Decatur & Northern Railway Company, against A. W. Allen and others. From a decree in favor of complainant, certain defendants appeal.
Read the full summary
Appeal from the District Court of the United States for the District of Nebraska; Page Morris, Judge. Suit by Walter H. Rhodes, successory receiver of the Omaha, Decatur & Northern Railway Company, against A. W. Allen and others. From a decree in favor of complainant, certain defendants appeal. The appellee, as the successory receiver of the Omaha, Decatur & Northern Railway Company, a corporation organized under the laws of the state of Nebraska, brought this suit against the appellants to recover unpaid assessments on their subscriptions to the capital stock of the railway company. The…
1DissentSmith, Circuit Judge
(dissenting.) I cannot concur in the foregoing opinion. It is true it is alleged in the bill that on February 24, 1913, stockbooks were opened; but this was an issue, and there is no evidence to sustain the allegation. These are but trifles. The total subscriptions to the stock were only about 1J4 Per cent, of the capital provided for in the articles of incorporation. One of- the conditions precedent to the subscriber’s liability which is implied from his contract of subscription is that relating to the amount of capital stock which must be taken before the liability attaches. It is a general…
2Cases cited11 opinions
- Livesey v. Omaha Hotel Co.Nebraska Supreme Court · 1876
- Gress v. KnightSupreme Court of Georgia · 1910
- Milwaukee Brick & Cement Co. v. SchoknechtWisconsin Supreme Court · 1901
- Anvil Mining Co. v. ShermanWisconsin Supreme Court · 1889
- Covington, Coal-Creek, & Jacksonville Plank-Road Co. v. MooreIndiana Supreme Court · 1852
6 more not listed; retrieve them via the Exa API.