Kampman v. Tarver
Texas Supreme Court
Questions Certified from Court of Civil Appeals for Fourth District, in an appeal from Bexar County. The questions and statement are here given: “In the above entitled cause, certain issues of law arise which this court deems it advisable to present to the Supreme Court for adjudication, and have directed to be certified to said court the following questions: “The Laredo Improvement Company was incorporated under our general act on August 15,' 1888, with an authorized…
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Questions Certified from Court of Civil Appeals for Fourth District, in an appeal from Bexar County. The questions and statement are here given: “In the above entitled cause, certain issues of law arise which this court deems it advisable to present to the Supreme Court for adjudication, and have directed to be certified to said court the following questions: “The Laredo Improvement Company was incorporated under our general act on August 15,' 1888, with an authorized capital stock of $100,000, in shares of $10 each, for the purposes of the erection of buildings and the accumulation and loan…
1Opinion of the Court
GAINES, Associate Justice.
1. The first question in this case certified for our determination seems to us to resolve itself into two others: first, was the act of the corporation in attempting to increase its stock by the amount of $1,100,000 ultra vires? and second, if ultra vires, were the subscriptions to such increased stock void even as to the creditors of the corporation?
Whether the attempted increase was ultra vires or not depends upon the construction of the general law in reference to private corporations contained in title 20 of our Revised Statutes. It is contended, upon the one…
2Cases cited4 opinions
- Zabriskie v. Cleveland, Columbus, & Cincinnati RailroadSupreme Court of the United States · 1860
- Fitzhugh v. Franco-Texas Land Co.Texas Supreme Court · 1891
- Merrill v. GambleSupreme Court of Iowa · 1877
- Merrill v. ReaverSupreme Court of Iowa · 1879
3Cited by19 opinions
- Staacke v. RoutledgeTexas Supreme Court · 1922
- Thompson v. First State Bank of AmarilloTexas Supreme Court · 1919
- Davis, Receiver v. AllisonTexas Supreme Court · 1919
- Berg v. San Antonio Street Railway Co.Court of Appeals of Texas · 1897
- Mauritz v. SchwindCourt of Appeals of Texas · 1937
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