Baxter v. Coughlin
Supreme Court of Minnesota
Appeal by defendant Michael W. Nash from an order of the district court for Hennepin county, Jamison, J., overruling his demurrer to the amended complaint on the ground that it failed to state a cause of action. The trial court bases its order overruling the demurrer solely on the ground that, where damages are the result of an act declared to be wrongful and unlawful, such damages may be recovered in a civil action.
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Appeal by defendant Michael W. Nash from an order of the district court for Hennepin county, Jamison, J., overruling his demurrer to the amended complaint on the ground that it failed to state a cause of action. The trial court bases its order overruling the demurrer solely on the ground that, where damages are the result of an act declared to be wrongful and unlawful, such damages may be recovered in a civil action. We do not dispute this doctrine as a general proposition, but it is not alleged in the complaint that the directors or any of them received this money. When plaintiff made this…
1Opinion of the CourtStart, C. J.
Appeal by the defendant Nash from an order overruling his demurrer to the complaint. The complaint alleges that at all times between July 1, 1895, and January 16, 1896, the Irish-American Bank was a corporation duly organized under the laws of this state as a bank of deposit and discount, and doing business as such. That *3during all such time the defendants were the directors of such bank, which was insolvent and without sufficient property to pay its debts, which fact the defendants well knew during the whole of such time. That at divers times between the dates named, by an officer employed…
2Cases cited2 opinions
- Osborne v. McMastersSupreme Court of Minnesota · 1889
- Bott v. PrattSupreme Court of Minnesota · 1885
3Cited by26 opinions
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Anderson v. SettergrenSupreme Court of Minnesota · 1907
- State Ex Rel. Nelson v. NelsonSupreme Court of Minnesota · 1974
- Meshbesher v. Channellene Oil & Manufacturing Co.Supreme Court of Minnesota · 1909
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