South Bend Toy Manufacturing Co. v. Pierre Fire & Marine Insurance
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. H. G. Puller, Judge. Action in the nature of a creditor’s bill. A demurrer to the complaint was sustained and plaintiffs appeal. The facts are fully stated in the opinion. A demurrer to a complaint on the ground that plaintiffs have not legal capacity to sue is insufficient if it fails to point out the reasons wherein the legal incapacity to sue arises. Sec. 4910, Comp.
Read the full summary
Appeal from circuit court, Hughes county. Hon. H. G. Puller, Judge. Action in the nature of a creditor’s bill. A demurrer to the complaint was sustained and plaintiffs appeal. The facts are fully stated in the opinion. A demurrer to a complaint on the ground that plaintiffs have not legal capacity to sue is insufficient if it fails to point out the reasons wherein the legal incapacity to sue arises. Sec. 4910, Comp. Laws; Sanborn v. Hale, 11 N. W. Rep. 302; Bank v. Donnell, 40 N. Y, 410. A demurrer to a complaint on the ground of defective parties is insufficient if it fails to specify…
1Opinion of the Court
Kei/lam, J.
The^plaintiffs, now appellants, are judgment creditors of the Pierre Fire & Marine Insurance Company^ a corporation of this state, whose oiganization is conceded. ( The action is in the nature of a creditors’ bill, and is brought in behalf of these plaintiffs and all other creditors who may choose to come in and seek relief by it. j The(defendants,^respondents here,(are said insurance company, and parties alleged to have been holders of the capital stock, except defendant Coon, who is alleged to have possession of assets of the company under & 'void appointment as receiver.)…
2Cases cited16 opinions
- Sawyer v. HoagSupreme Court of the United States · 1873
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
- Bartlett v. . DrewNew York Court of Appeals · 1874
- Ogilvie v. Knox Insurance Co.Supreme Court of the United States · 1860
- Attorney-General v. Guardian Mutual Life InsuranceNew York Court of Appeals · 1879
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Keyes v. Blue Bell Medicine Co.South Dakota Supreme Court · 1914
- Portland Consolidated Min. Co. v. RossiterSouth Dakota Supreme Court · 1903
- Aaron v. Security Investment Co.South Dakota Supreme Court · 1927
- Good v. DerrCourt of Appeals for the Seventh Circuit · 1931
- de Jesús Torres v. Caribbean Trucking Co.Supreme Court of Puerto Rico · 1949
1 more not listed; retrieve them via the Exa API.