Owensboro Seating & Cabinet Co. v. Miller
Court of Appeals of Kentucky
CASE 41. — ACTION BY THE OWENSBORO SEATING & CABINET CO. AGAINST ELMER MILLER TO ENFORCE A SUBSCRIPTION OF STOCK IN A CORPORATION. Appeal from Daviess Circuit Court. T. F. Birkhead, Circuit Judge. Judgment of dismissal. Plaintiff appeals. — SYNOPSIS AND LIST OP AUTHORITIES. 1. Statement of facts and questions presented. 2. The appellant corporation preserved its identity notwithstanding its reorganization. (30 Am. & Eng.
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CASE 41. — ACTION BY THE OWENSBORO SEATING & CABINET CO. AGAINST ELMER MILLER TO ENFORCE A SUBSCRIPTION OF STOCK IN A CORPORATION. Appeal from Daviess Circuit Court. T. F. Birkhead, Circuit Judge. Judgment of dismissal. Plaintiff appeals. — SYNOPSIS AND LIST OP AUTHORITIES. 1. Statement of facts and questions presented. 2. The appellant corporation preserved its identity notwithstanding its reorganization. (30 Am. & Eng. Ency. of Law (2nd Ed), p. 826; Graham v. Boston, &c., Railroad Co., 118 U. S., 116; 30 Law Ed. 196.) 3. The amount required to make the subscription binding was obtained. (a)…
1Opinion of the Court
Opinion of the Court by
Judge Carroll —
Affirming.
The appellant company, plaintiff below, sought to recover of appellee, defendant below, $2,500 on the following subscription: “We, the undersigned, hereby subscribe for the number of shares of stock in the R. O. Evans Company, and of the kind' that is set opposite our names, and we agree to pay for the same twenty-five per cent cash, balance in one, two and three months, at one hundred dollars per share. This subscription not to be binding unless $75,000.00 or more is subscribed.” In October, 1903, the' appellee subscribed for -25 shares of…
2Cases cited2 opinions
- Newport Cotton Mill Co. v. MimsTennessee Supreme Court · 1899
- Burrows v. . SmithNew York Court of Appeals · 1853
3Cited by4 opinions
- Mitchell v. MannTexas Commission of Appeals · 1923
- Wrather v. ParksCourt of Appeals of Texas · 1921
- Mann v. MitchellCourt of Appeals of Texas · 1922
- Mann v. MitchellCourt of Appeals of Texas · 1922