Legal Opinion

Kremer v. Public Drug Co.

South Dakota Supreme Court

Decided January 30, 1919No. File No. 4416PublishedCited by 6 opinions

Appeal from circuit court, Hughes County. Hon. John F. Hughes, Judge. Action iby Frederick B. Kroner and another, against the Public Drug Company, a corporation incorporated under the laws of the State of South Dakota on March 7, 1912, and the Public Drug Company incorporated' under Daws of the State of South Dakota on March 12, 19x5, to subject the last named defendant’s corporate assets to plaintiffs’ claims as preferred stockholders in said first named corporation, and…

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Appeal from circuit court, Hughes County. Hon. John F. Hughes, Judge. Action iby Frederick B. Kroner and another, against the Public Drug Company, a corporation incorporated under the laws of the State of South Dakota on March 7, 1912, and the Public Drug Company incorporated' under Daws of the State of South Dakota on March 12, 19x5, to subject the last named defendant’s corporate assets to plaintiffs’ claims as preferred stockholders in said first named corporation, and for other equitable relief. From a judgment for plaintiffs, defendant appeals, having subsequently taken an independent…

1Opinion of the CourtSmith, J.

A statement of the pleadings and facts is necessary to a proper understanding of the questions presented on this appeal. On March 7, 1912, certain persons, pursuant to the laws of this state, organized a corporation under name of Public Drug Company, with a capital stock of $250,000, divided into 2,500 shares of the par value of $100, 1,250 shares of which were preferred, and 1,250 shares common, stock. ■ The preferred stock was entitled to receive annual dividends at the rate of 7 per cent, per annum, such dividend's to be eummulative, any deficiency in *371such dividend's to be made good1 out…

2Cases cited2 opinions

  1. Lauman v. Lebanon Valley RailroadSupreme Court of Pennsylvania · 1858
  2. Koehler v. St. Mary's Brewing Co.Supreme Court of Pennsylvania · 1910

3Cited by6 opinions

  1. Garrett v. Reid-Cashion Land & Cattle Co.Arizona Supreme Court · 1928
  2. Craddock-Terry Co. v. PowellSupreme Court of Virginia · 1943
  3. Whicher v. Delaware Mines Corp.Idaho Supreme Court · 1932
  4. Murrin v. Archbald Consolidated Coal Co.Appellate Division of the Supreme Court of the State of New York · 1921
  5. Brown County Bank v. Freie Presse Printing Co.Supreme Court of Minnesota · 1928

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