Legal Opinion

International Trust Co. v. American Loan & Trust Co.

Supreme Court of Minnesota

Decided November 22, 1895No. Nos. 9528-(50)PublishedCited by 29 opinions

Appeals by plaintiff from orders of the district court for St. Louis county, Ensign and Lewis, JJ., respectively sustaining demurrers t© the complaint and denying a motion for the appointment of a receiver.

1Opinion of the CourtMitchell, J.

The plaintiff, on behalf of itself and all other creditors of the defendant corporation, brought this action under G-. S. 1878, c. 70, § 9 (G-. S. 1894, § 5897), to sequester the corporate assets, and to enforce the constitutional liability of the stockholders for corporate debts. The stockholders severally demurred to the complaint, on the ground that, as to them, it did not state a cause of action. The court sustained the demurrers. The court also denied plaintiff’s application for the appointment of a receiver of the corporate assets. Plaintiff appealed from both orders.

1. The American…

2Cases cited3 opinions

  1. Olson v. CookSupreme Court of Minnesota · 1894
  2. Klee v. E. H. Steele Co.Supreme Court of Minnesota · 1895
  3. Walther v. Seven Corners BankSupreme Court of Minnesota · 1894

3Cited by29 opinions

  1. Parker Land & Cattle Co. v. Wyoming Game & Fish CommissionWyoming Supreme Court · 1993
  2. Mattson v. FlynnSupreme Court of Minnesota · 1944
  3. Merritt v. StuveSupreme Court of Minnesota · 1943
  4. Hammer v. StateIndiana Supreme Court · 1909
  5. Warren v. MarshSupreme Court of Minnesota · 1943

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