Way v. Barney
Supreme Court of Minnesota
'Action, in tbe district court for Hennepin county by tbe receiver of the Winslow Furniture & Carpet Company to recover $5,000,. defendant’s constitutional liability as owner of fifty shares of stock in that corporation.
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'Action, in tbe district court for Hennepin county by tbe receiver of the Winslow Furniture & Carpet Company to recover $5,000,. defendant’s constitutional liability as owner of fifty shares of stock in that corporation. Defendant demurred to the complaint on the-grounds it appeared upon the face thereof that: (1) It did not state facts sufficient to constitute a cause of action; (2) the plaintiff had no legal capacity to sue; (3) the court had no jurisdiction of the subject of the action; (4) the plaintiff sought to rely upon section 3, article 10, of the state Constitution, which provision…
1Opinion of the Court
Start, 0. J.
This is an appeal from an order of the district court of the county of Hennepin overruling the defendant’s demurrer to the complaint herein.
It appears from the complaint that the action is one by the receiver to enforce the defendant’s constitutional liability as a stockholder of an insolvent Minnesota corporation for its debts, and that the corporation was duly adjudged a bankrupt under the provisions of the Federal bankruptcy law, and its assets duly marshaled, and the net proceeds thereof distributed to its creditors who proved their claims.
1. The first contention of the…
2Cases cited13 opinions
- American Sugar Refining Co. v. LouisianaSupreme Court of the United States · 1900
- Willis v. MabonSupreme Court of Minnesota · 1892
- Hill v. HardingSupreme Court of the United States · 1889
- State ex rel. Clapp v. Minnesota Thresher Manufacturing Co.Supreme Court of Minnesota · 1889
- Allen v. WalshSupreme Court of Minnesota · 1879
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Gaiser v. BuckIndiana Supreme Court · 1930
- Badger v. HoidaleCourt of Appeals for the Eighth Circuit · 1937
- Sullivan v. Minneapolis & Rainy River Railway Co.Supreme Court of Minnesota · 1913
- E. S. Parks Shellac Co. v. HarrisMassachusetts Supreme Judicial Court · 1921
- Webster v. U. S. I. Realty Co.Supreme Court of Minnesota · 1927
12 more not listed; retrieve them via the Exa API.