Ogden Clay Co. v. Harvey
Utah Supreme Court
Appeal from a judgment of the district court of the fourth district and from an order refusing a new trial, Hon. James A. Miner, judge. The opinion states the facts, ■except the following: These calls were not made, so far as the record shows, in accordance with section 2375 of Compiled Laws of 1888, noticed in Gary v. Mining Go., supra. That article provides for calls by the board of directors, but the call is ■denominated an assessment.
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Appeal from a judgment of the district court of the fourth district and from an order refusing a new trial, Hon. James A. Miner, judge. The opinion states the facts, ■except the following: These calls were not made, so far as the record shows, in accordance with section 2375 of Compiled Laws of 1888, noticed in Gary v. Mining Go., supra. That article provides for calls by the board of directors, but the call is ■denominated an assessment. The complaint alleged the incorporation under articles ■of agreement, the subscription thereto by defendant for ■twenty shares of the par value of $50, the…
1Opinion of the Court
Bartch, J.:
The plaintiff brought this action to recover unpaid subscriptions to its capital stock. The jury returned a verdict in its favor for 1729.60 and judgment was rendered accordingly. The defendant appeals from the judgment and from the order denying a new trial, assigning various errors.
Counsel for appellant contend that the court erred in admitting in evidence the articles of incorporation, claiming that the document showed on its face that it was invalid; that the signature of the defendant was not thereon, but only on a separate and distinct paper; and that the formalities' of the…
2Cases cited7 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Sanger v. UptonSupreme Court of the United States · 1875
- Sawyer v. HoagSupreme Court of the United States · 1873
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
- Webster v. UptonSupreme Court of the United States · 1876
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3Cited by3 opinions
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- Marsh v. MathiasUtah Supreme Court · 1899
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