Tiffany v. Giesen
Supreme Court of Minnesota
Action in the district court for Ramsey county by plaintiff, as receiver of the Capital City Real Estate & Improvement Company, to recover from defendant $5,150, the amount of his constitutional liability as a stockholder in that company. The case was tried before Orr, J., who dismissed the action upon the close of plaintiff’s testimony. From an order denying a motion for a new trial, plaintiff appealed.
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Action in the district court for Ramsey county by plaintiff, as receiver of the Capital City Real Estate & Improvement Company, to recover from defendant $5,150, the amount of his constitutional liability as a stockholder in that company. The case was tried before Orr, J., who dismissed the action upon the close of plaintiff’s testimony. From an order denying a motion for a new trial, plaintiff appealed. Assuming that defendant transferred his shares in good faith and that such transfer was regularly entered upon the books of the company, nevertheless his constitutional liability for the then…
1Opinion of the CourtLewis, J.
This action was brought under chapter 272, p. 315, Daws 1899, for the purpose of recovering from defendant the amount of his liability as a stockholder in the Capital City Real Estate & Improvement Company, an insolvent corporation. The complaint set out the fact that July 12, 1887, respondent owned one hundred three shares of the capital stock of the Capital City Company; that July 7, 1899, the company then being insolvent, defendant transferred his stock to one Edward Borsch; that such transfer was made for the purpose of avoiding his liability as a stockholder for the indebtedness of the…
2Cases cited2 opinions
- Harper v. CarrollSupreme Court of Minnesota · 1896
- Gunnison v. United States Investment Co.Supreme Court of Minnesota · 1897
3Cited by2 opinions
- Way v. MooersSupreme Court of Minnesota · 1917
- Hamilton v. LoebU.S. Circuit Court for the District of Eastern Pennsylvania · 1910