Legal Opinion

McAllister v. Kuhn

Supreme Court of the United States

Decided January 18, 1878No. 155PublishedCited by 49 opinions

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.

Read the full summary

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

  1. Merritt v. American Steel-Barge Co.Court of Appeals for the Eighth Circuit · 1897
  2. Pierpoint v. HoytNew York Court of Appeals · 1932
  3. Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
  4. Daggett v. DavisMichigan Supreme Court · 1884
  5. Bellows Falls Power Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1915

44 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API