Lavell v. Bullock
North Dakota Supreme Court
Appeal from judgment of the District Court of Cass County, Cooley, Special Judge. The action is not one "properly triable in a court of equity under the circumstances here presented, but should be in the form of an action at law in which this defendant has the right to have the facts determined by a jury. Comp. Laws 1913, § 760S; Kohler v. Agassiz (Cal.) 33 Pac. 741. The ordinary action for the recovery of a call is an action at law. 4 Thomp.
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Appeal from judgment of the District Court of Cass County, Cooley, Special Judge. The action is not one "properly triable in a court of equity under the circumstances here presented, but should be in the form of an action at law in which this defendant has the right to have the facts determined by a jury. Comp. Laws 1913, § 760S; Kohler v. Agassiz (Cal.) 33 Pac. 741. The ordinary action for the recovery of a call is an action at law. 4 Thomp. Corp. pp. 351, 352. “The remedy to collect subscriptions was held not to be in equity, although the defense was interposed that the board of directors…
1Opinion of the CourtBobinson, J.
This is an appeal from a judgment under the statute which makes a stockholder liable for the unpaid balance due on his corporate stock. As trustee in bankruptcy the plaintiff brings this action to recover from appellant $700 as the balance due on fourteen shares of common stock in “Everybody’s Store.” The Constitution says that no corporation shall issue stock or bonds except for money, labor done, or money or property actually received. § 138. The statute says, “Each stockholder in a corporation is individually and personally liable for the debts of the corporation to the extent of the…
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