Cross v. Farmers Elevator Co.
North Dakota Supreme Court
Appeal from the District Court of Kidder County, Nuessle, J., Action to have canceled and set aside certain shares of the capital stock of a corporation, and to enjoin the directors from selling any more stock, fixing the salaries of the officers, and declaring dividends. Judgment for defendants. Plaintiff appeals.
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Appeal from the District Court of Kidder County, Nuessle, J., Action to have canceled and set aside certain shares of the capital stock of a corporation, and to enjoin the directors from selling any more stock, fixing the salaries of the officers, and declaring dividends. Judgment for defendants. Plaintiff appeals. Statement of facts by Bruce, J. This is an action which is brought by the plaintiff, C. A. Cross, for the purpose of obtaining the control of the defendant elevator company by having canceled and set aside seventy shares of stock which were issued after he had obtained the control…
1Opinion of the Court
Bruce, J".
(after stating the facts as above). It is difficult for us to find in the voluminous record which is before us or in the brief of counsel any ground whatever on which the plaintiff can seek equitable relief. He seeks the control of the corporation, and complains that stock has been sold since he obtained the majority thereof, and that the purpose of this sale was to take the control from him, when as a matter of fact the only purpose for which he acquired the stock which he did, and which he admits was acquired through “dummies” and in violation of the agreement between the…
2Cases cited2 opinions
- Adler v. Milwaukee Patent Brick Manufacturing Co.Wisconsin Supreme Court · 1860
- Hladovec v. PaulIllinois Supreme Court · 1906
3Cited by8 opinions
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- Robar v. EllingsonNorth Dakota Supreme Court · 1981
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- Borth v. Gulf Oil Exploration & Production Co.North Dakota Supreme Court · 1981
- Hanewald v. Bryan's Inc.North Dakota Supreme Court · 1988
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