State ex rel. Attorney General v. Arkansas Cotton Oil Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. HendricJcs, Judge; 1. There was at best 'but a mere technical surrender of the charter and demise of the Arkansas Cotton Oil Company.
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Appeal from Pulaski Circuit Court, Third Division; G. W. HendricJcs, Judge; 1. There was at best 'but a mere technical surrender of the charter and demise of the Arkansas Cotton Oil Company. The Union Seed and Fertilizer Company has made no change in the operation of the mills, conducts the business at the same stand, with the -same force and in the same manner -as was heretofore done by the Arkansas Cotton Oil Company, and is, in fact, but a mere -continuation of the last named company. The rule applied by the Supreme Court of the State of Washington should be applied here. Ill Pac. (Wash.)…
1Opinion of the CourtMcCulloch, C. J.
This is an action at law instituted by the Attorney General against the Arkansas Cotton Oil Company, a domestic corporation, to recover penalties for alleged violation of the anti-trust statutes. During the pendency of the action in the circuit court of Pulaski County, the defendant conveyed all of its assets to another corporation for a nominal consideration, and by a resolution adopted by a majority of the stockholders, filed in the office of the Secretary of State, surrendered its charter. Thereupon a motion was filed in ■this case, by one who had been a stockholder of the dissolved…
2Cases cited4 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Shayne v. . Evening Post Publishing Co.New York Court of Appeals · 1901
- Freeo Valley Railroad v. HodgesSupreme Court of Arkansas · 1912
- Mason v. AdoueCourt of Appeals of Texas · 1902
3Cited by5 opinions
- United States v. Safeway Stores, Inc.Court of Appeals for the Tenth Circuit · 1944
- Shapard v. LesserSupreme Court of Arkansas · 1917
- Des Arc Oil Mill, Inc. v. McLeodSupreme Court of Arkansas · 1919
- Shreve Chair Co. v. Manufacturers' Furniture Co.Supreme Court of Arkansas · 1925
- Hanson v. McLeodSupreme Court of Arkansas · 1927