Legal Opinion

First Nat. Bank v. Multnomah State Bank

Oregon Supreme Court

Decided May 28, 1918PublishedCited by 2 opinions

From Multnomah: George N. Davis, Judge. Department 2. On petition for rehearing.

1Opinion of the Court

McOAMANT, J. —

In a closely reasoned petition for a rehearing counsel for defendant argues that the act of 1913 is applicable to Multnomah State Bank although this corporation was organized April 1, 1911. It is true, as contended, that there is a distinction be*38tween a statute imposing a new personal liability on a stockholder and one authorizing assessments on stock enforceable only by sale of the stock. The rule sustained by the weight of authority makes statutes of the latter type inapplicable' to corporations organized prior to their enactment.

In 1 Cook on Corporations (7 ed.), Section 242,…

2Cases cited4 opinions

  1. Garey v. St. Joe Mining Co.Utah Supreme Court · 1907
  2. Wall v. Basin Mining Co.Idaho Supreme Court · 1909
  3. Enterprise Ditch Co. v. MoffittNebraska Supreme Court · 1899
  4. Corbin Banking Co. v. MitchellCourt of Appeals of Kentucky · 1910

3Cited by2 opinions

  1. Haberlach v. Tillamook County BankOregon Supreme Court · 1930
  2. Schramm v. DoneOregon Supreme Court · 1930

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