Cuyler v. City Power Co.
Supreme Court of Minnesota
Action in the district court for Otter Tail county by plaintiffs, in their own behalf and in behalf of all other creditors of the defendant City Power Company, to enforce the individual liability of the stockholders in that company. Defendants A. T. Rand, C. D. Wright, Elmer E. Adams, Samuel Hill, Anna E. Hill, and C. W. Ames demurred to the complaint on the ground that it failed to state a cause of action.
Read the full summary
Action in the district court for Otter Tail county by plaintiffs, in their own behalf and in behalf of all other creditors of the defendant City Power Company, to enforce the individual liability of the stockholders in that company. Defendants A. T. Rand, C. D. Wright, Elmer E. Adams, Samuel Hill, Anna E. Hill, and C. W. Ames demurred to the complaint on the ground that it failed to state a cause of action. From an order, Baxter, J., sustaining the demurrer, plaintiffs appealed. In order to exempt stockholders from liability to creditors, the corporation must be an exclusively manufacturing…
1Opinion of the CourtCollins, J.
That part of the charter of defendant corporation (article 1) to be construed at this time reads as follows:
“The general nature of its business shall be the acquiring and holding, either by purchase or lease, of real estate and water power, and the purchasing, hiring, building, improving or construction of canals, locks, ponds or water courses within Otter Tail county, Minnesota, with the water power appurtenant thereto; the building, erecting, repairing, laying, purchasing, leasing, operating and maintaining of all necessary and convenient bridges, free or toll dams, flumes, water gates,…
2Cases cited3 opinions
- People Ex Rel. Brush Electric Manufacturing Co. v. WempleNew York Court of Appeals · 1892
- Nassau Gas-Light Co. v. . City of B'klynNew York Court of Appeals · 1882
- People ex rel. Edison Electric Light Co. v. CampbellNew York Supreme Court · 1895
3Cited by8 opinions
- Minnesota Power & L. Co. v. Personal Prop. Tax, Etc.Supreme Court of Minnesota · 1970
- Senour Manufacturing Co. v. Church Paint & Manufacturing Co.Supreme Court of Minnesota · 1900
- Merchants' National Bank of St. Paul v. Minnesota Thresher Manufacturing Co.Supreme Court of Minnesota · 1903
- Vencedor Investment Co. v. Highland Canal & Power Co.Supreme Court of Minnesota · 1914
- Carnegie Dock & Fuel Co. v. Kensington Mills, Inc.Supreme Court of Minnesota · 1922
3 more not listed; retrieve them via the Exa API.