Holland v. Duluth Iron Mining & Development Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county by a judgment creditor against defendant corporation find its stockholders for the appointment of a receiver, the sequestration of its property, and the enforcement of the liability of its stockholders. It appeared that plaintiff’s judgment had been entered against the corporation by default. The case was tried before Moer, J., who found in favor of plaintiff and ordered judgment against the stockholders.
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Action in the district court for St. Louis county by a judgment creditor against defendant corporation find its stockholders for the appointment of a receiver, the sequestration of its property, and the enforcement of the liability of its stockholders. It appeared that plaintiff’s judgment had been entered against the corporation by default. The case was tried before Moer, J., who found in favor of plaintiff and ordered judgment against the stockholders. From an order denying a motion for a new trial, defendants Wilson, Chapman, Sheridan and other stockholders appealed. The stockholder’s…
1Opinion of the CourtCollins, J.
This was an action brought by a judgment creditor of a corporation to enforce against the stockholders individually their double liability for the corporate debts.
At the trial the court held that the judgment previously obtained against the corporation was conclusive evidence of its indebtedness and liability, and would not permit the stockholders to litigate the merits of the claim upon which it was based. The correctness of this position is directly attacked upon an appeal from an order denying defendant stockholders’ motion for a new trial.
The practical effect of the decision in Dodge v.…
2Cases cited15 opinions
- Miller v. . WhiteNew York Court of Appeals · 1872
- Stephens v. . FoxNew York Court of Appeals · 1881
- Moss v. . AverellNew York Court of Appeals · 1853
- Lane v. InnesSupreme Court of Minnesota · 1890
- Marson v. DeitherSupreme Court of Minnesota · 1892
10 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- DLH, Inc. v. RussSupreme Court of Minnesota · 1997
- Straw & Ellsworth Manufacturing Co. v. L. D. Kilbourne Boot & Shoe Co.Supreme Court of Minnesota · 1900
- Hanson v. DavisonSupreme Court of Minnesota · 1898
- Ellsworth v. BradfordCalifornia Supreme Court · 1921
- Hale v. HardonCourt of Appeals for the First Circuit · 1899
29 more not listed; retrieve them via the Exa API.