Loftus v. Farmers' Shipping Ass'n
South Dakota Supreme Court
Appeal from circuit court, Kingsbury county. Hon. J. O. Andrews, Judge. Action to cancel a lease. From a judgment for plaintiffs, and from an order denying a new trial, defendants appeal. The facts are stated in the opinion. A stockholder in a corporation can bring an action to remedy an injury to it only after he has requested the proper officers to do it and they have refused, or neglected it.
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Appeal from circuit court, Kingsbury county. Hon. J. O. Andrews, Judge. Action to cancel a lease. From a judgment for plaintiffs, and from an order denying a new trial, defendants appeal. The facts are stated in the opinion. A stockholder in a corporation can bring an action to remedy an injury to it only after he has requested the proper officers to do it and they have refused, or neglected it. Talbot v. Scripps, 81 Mich. 268; Cook, Stock and Stockholders, 740; Cogwell v. Bull, 89 Cal. 320; Doud v. Railroad, 26 N. W. 533; Bacon v. Ervine, 11 Pac. 646; Dunphy v. Association, 16 N. E. 426;…
1Opinion of the CourtKellam, J.
This is an action by certain of the stockholders of the defendant (appellant) corporation against the corporation itself and Robinson and Robson, who are also stockholders and directors, to cancel a certain lease of corporation property to the said defendants Robinson and Robson, to set aside a sale of personal property of the corporation to said defendants, and also to set aside a sale of the warehouse and coalhouse of said corporation, under foreclosure of a chattel mortgage held thereon by said Robinson, who became the purchaser at such foreclosure sale. In the complaint it was alleged…
2Cases cited21 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Brewer v. Proprietors of the Boston TheatreMassachusetts Supreme Judicial Court · 1870
- Butts v. . WoodNew York Court of Appeals · 1867
- Cumberland Coal & Iron Co. v. ShermanNew York Supreme Court · 1859
- Dunphy v. Traveller Newspaper Ass'nMassachusetts Supreme Judicial Court · 1888
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3Cited by11 opinions
- Landstrom v. ShaverSouth Dakota Supreme Court · 1997
- Noble for Drenker v. ShaverSouth Dakota Supreme Court · 1998
- Longwell v. Custom Benefit Programs Midwest, Inc.South Dakota Supreme Court · 2001
- Ritchie v. People's Telephone Co.South Dakota Supreme Court · 1909
- Dudley v. Dakota Hot Springs Co.South Dakota Supreme Court · 1899
6 more not listed; retrieve them via the Exa API.