Colorado Fuel & Iron Co. v. Western Hardware Co.
Utah Supreme Court
A ppeal from tlie Third, district court, Salt Lake county. Ogden Hiles, Judge. Action by; the Colorado Fuel & Iron poanpany against tlie Western Hardware Company and Oscar W. Moyle to set aside a deed of assignment for the benefit of creditors. Joseph Geogliegan and others intervened. From a judgment for defendants, plaintiff and interveners appeal. Cited: Smith v. Sipperly, 9 Utah 267; Cobhntz v. Driver, 10 Utah 96; Kohler. Mt.
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A ppeal from tlie Third, district court, Salt Lake county. Ogden Hiles, Judge. Action by; the Colorado Fuel & Iron poanpany against tlie Western Hardware Company and Oscar W. Moyle to set aside a deed of assignment for the benefit of creditors. Joseph Geogliegan and others intervened. From a judgment for defendants, plaintiff and interveners appeal. Cited: Smith v. Sipperly, 9 Utah 267; Cobhntz v. Driver, 10 Utah 96; Kohler. Mt. Pleasant, 12 Utah 213; Crawford v. Neal, 144 U. S. 598; Burrill Assign, (5th ed.) 352; Vernon v. Upson, 60 Wis. 418; 19 N. W. R. 400; Peters v. Bain, 133 U. S. 670;…
1Opinion of the Court
Miner, J.:
The defendant the Western Hardware Company was a corporation organized under the laws of Utah, with a capital stock of $30,000, divided into 300 shares of $100 each. One hundred and fifty shares of this stock were , held by five stockholders, who were also directors in the corporation, and tire balance of the stock was owned by the corporation, and was not issued. Reed Smoot held GO shares of the stock, and was a director of the corporation. On September 9, 1896, the corporation, being insolvent and unable to pay its debts, by a vote of all its directors and stockholders, including…
2Cases cited10 opinions
- Bate Refrigerating Co. v. SulzbergerSupreme Court of the United States · 1895
- Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
- Haywood v. Lincoln Lumber Co.Wisconsin Supreme Court · 1885
- Adams Mining Co. v. SenterMichigan Supreme Court · 1872
- Pauly v. PaulyCalifornia Supreme Court · 1895
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3Cited by2 opinions
- Passow & Sons v. WetherbeeUtah Supreme Court · 1917
- National Bank of the Republic v. George M. Scott & Co.Utah Supreme Court · 1898