McAllister v. Kuhn
Supreme Court of the United States
Error to the Supreme Court of the Territory of Utah. This action was brought, Sept. 9, 1878, in the District Court; of the third judicial district of the Territory of Utah, by Bertrand Kuhn, against John D. T. McAllister, for the wrongful conversion of certain shares of stock.
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Error to the Supreme Court of the Territory of Utah. This action was brought, Sept. 9, 1878, in the District Court; of the third judicial district of the Territory of Utah, by Bertrand Kuhn, against John D. T. McAllister, for the wrongful conversion of certain shares of stock. Kuhn alleged in his complaint that, on the first day of September, 1873, he was the owner of two hundred and fifty shares, unassessable, of the paid-up capital stock of the North Star Silver Mining Company, -a corporation- existing under the laws of the Dominion of Canada, which’ were represented by five certificates,…
1Opinion of the CourtChief Justice Waite
Upon a writ of error to reverse a judgment by'default, such defects in the declaration or complaint as could have been taken advantage- of before judgment by general demurrer may be 'brought under review. If. the judgment would have been arrested on motion, if made, because the declaration did not ' state facts sufficient to constitute a cause of action, it may be reversed for the same reason upon error.
In this case, the complainant alleges a wrongful conversion by McAllister to his own use of certain shares of the capital stock of a foreign corporation owned by Kuhn, which were repre*sented…
2Cited by49 opinions
- Merritt v. American Steel-Barge Co.Court of Appeals for the Eighth Circuit · 1897
- Pierpoint v. HoytNew York Court of Appeals · 1932
- Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
- Daggett v. DavisMichigan Supreme Court · 1884
- Bellows Falls Power Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1915
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