Farr v. Briggs' Estate
Supreme Court of Vermont
Appeal from the decision of commissioners on the estate of George O. Briggs, deceased. To the plaintiff’s declaration a general demurrer was filed. Demurrer sustained proforma and without hearing, Chittenden County, September Term, 1899, Rowell, J., presiding. The plaintiff excepted.
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Appeal from the decision of commissioners on the estate of George O. Briggs, deceased. To the plaintiff’s declaration a general demurrer was filed. Demurrer sustained proforma and without hearing, Chittenden County, September Term, 1899, Rowell, J., presiding. The plaintiff excepted. The defendant claimed as grounds of demurrer, that the liability arising on the statute of South Dakota in question was so far penal that it could not be enforced in this State, and that the right of action to enforce it did not survive;
1Opinion of the CourtTyler, J.
Appeal from the disallowance of a claim by the commissioners upon the estate. The following are the material facts alleged in the declaration and admitted by the demurrer :
The Yermont Investment Company was a corporation created and organized in May, 1882, under the laws of South Dakota, and having offices and places of business in that State *226and in Burlington, Yt., for the negotiating of loans and the sale of promissory notes and other securities.
The statute under which the corporation was created contains the following provision:
“ The directors of corporations must not make dividends except…
2Cases cited11 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Chase v. CurtisSupreme Court of the United States · 1885
- Neal v. MoultrieSupreme Court of Georgia · 1852
- Carr v. . RischerNew York Court of Appeals · 1890
- Stokes v. . StickneyNew York Court of Appeals · 1884
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