Legal Opinion

Missouri Valley Grocery Co. v. Hall

North Dakota Supreme Court

Decided May 20, 1920Published

Appeal from the District Court of Burleigh County, Nuessle, J. Capital stock is the entire sum agreed to be contributed to the enterprise whether paid in or not. 40 Ga. 98; 24 N. J. L. 195; 1 Words & Phrases, 562; Cooke v. Marshall, 43 Atl. 314. The capital stock of a corporation is the money contributed by the corporators to the capital, and is usually represented by shares issued to subscribers to the stock on the initiation of the corporate enterprise. 10 Cyc. 364; Eoote…

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Appeal from the District Court of Burleigh County, Nuessle, J. Capital stock is the entire sum agreed to be contributed to the enterprise whether paid in or not. 40 Ga. 98; 24 N. J. L. 195; 1 Words & Phrases, 562; Cooke v. Marshall, 43 Atl. 314. The capital stock of a corporation is the money contributed by the corporators to the capital, and is usually represented by shares issued to subscribers to the stock on the initiation of the corporate enterprise. 10 Cyc. 364; Eoote v. Creilick (Mich.) 132 N. W. 473; Stemple v. Bruin (Fla.) 49 So. 151; Tapscot v. Mexican Colo. River Land Co. (Cal.) 96…

1Opinion of the CourtBikdzell, J.

This is an appeal from a judgment of the district court of Burleigh county awarding a peremptory writ of mandamus directed to the secretary of state, requiring him to file and record a *420certificate of increase of the capital stock of the plaintiff and respondent. The plaintiff is a domestic corporation and, prior to the proceedings looking toward the increase of its capital stock, its articles of incorporation provided that the amount of its capital stock should be $250,000, divided into 2,500 shares of the par value of $100 each. Of this amount 1,250 shares were subscribed and issued.…

2Cases cited7 opinions

  1. Greenpoint Sugar Co. v. . WhitinNew York Court of Appeals · 1877
  2. Sturges v. StetsonU.S. Circuit Court for the District of Southern Ohio · 1858
  3. Excelsior Water & Mining Co. v. PierceCalifornia Supreme Court · 1891
  4. Foote v. GreilickMichigan Supreme Court · 1911
  5. Commonwealth v. Lehigh Ave. Ry. Co.Supreme Court of Pennsylvania · 1889

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