Arkansas Stables v. Samstag
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edivard W. Winfield, Judge; 1. The statutory liability of the president of a corporation is a secondary liability, in the nature of a suretyship.
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Appeal from Pulaski Circuit Court; Edivard W. Winfield, Judge; 1. The statutory liability of the president of a corporation is a secondary liability, in the nature of a suretyship. In this case the president being a married woman, and the liability incurred not being for the benefit of her separate estate, she can' not be held liable. 37 Mich. 185; 39 Mich. 671. 2. A married woman is not bound by a judgment against her where her coverture does not appear in the proceeding. 58 Ark. 484. 3. Except in reference to her separate estate, a married woman may not be sued without joining her husband…
1Opinion of the CourtHill, C. J.
Samstag was employed by the Arkansas Stables, a corporation, as bookkeeper. Pie sued the corporation and the president thereof, Mrs. Julia Simon, for unpaid wages. The president was sued upon the ground that she had failed to file the annual statement of the corporate affairs required by section 848, Kirby’s Digest, and had become liable for the debts of the corporation, as provided by section 859.
No objection was made, until after trial, to the joinder of the causes of action, and none is presented here. The jury returned a verdict for the plaintiff, Samstag.
It is urged that it is not…
2Cases cited2 opinions
- Keyser v. HitzSupreme Court of the United States · 1890
- Richardson v. MatthewsSupreme Court of Arkansas · 1894
3Cited by5 opinions
- Bryan v. BullockSupreme Court of Florida · 1922
- DeLong v. BrownSupreme Court of Iowa · 1901
- McDonald v. MuellerSupreme Court of Arkansas · 1916
- Jones v. HarrisSupreme Court of Arkansas · 1909
- Hughes v. KelleySupreme Court of Arkansas · 1910