Rehbein v. Rahr
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. HastiNgs, Je., Circuit Judge. The T. C. Shove Company, a state banking corporation, having assigned April 12, 1892, plaintiffs, being creditors of said bank to the extent of $2,800 out of an aggregate of about $485,000, brought suit against defendants, nominally impleading with them the corporation and the other stockholders thereof, who, however, were not* served with process, they being alleged to be…
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Appeal from a judgment of the circuit court for Brown county: S. D. HastiNgs, Je., Circuit Judge. The T. C. Shove Company, a state banking corporation, having assigned April 12, 1892, plaintiffs, being creditors of said bank to the extent of $2,800 out of an aggregate of about $485,000, brought suit against defendants, nominally impleading with them the corporation and the other stockholders thereof, who, however, were not* served with process, they being alleged to be insolvent. The action was brought by plaintiffs for the benefit of the creditors of said corporation, and to enforce the…
1Opinion of the Court
Dod&e, J.
The liability sought to be enforced in this action has been subject to many decisions in this court, the result of which is that it is strictly and distinctively contractual, but contractual not because of express agreement, but because of the statute (Stats. 1898, ,p. 153?, sec. 2024, subsec. 4Y): “ The stockholders in every corporation or association organized under the provisions of this act shall be individually responsible to the amount of their respective share or shares of stock for all its indebtedness and liabilities of every kind.” Every individual who brings himself within…
2Cases cited33 opinions
- Richmond v. IronsSupreme Court of the United States · 1887
- Whitman v. Oxford National BankSupreme Court of the United States · 1900
- Garrison v. . HoweNew York Court of Appeals · 1858
- United States v. KnoxSupreme Court of the United States · 1880
- Dair v. United StatesSupreme Court of the United States · 1873
28 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sun River Stock & Land Co. v. Montana Trust & Savings BankMontana Supreme Court · 1928
- Broderick v. AdamsonNew York Supreme Court · 1933
- Williams v. BrewsterWisconsin Supreme Court · 1903
- Southwestern Slate Co. v. StephensWisconsin Supreme Court · 1909
- Stringfellow v. PattersonCourt of Appeals of Texas · 1917
11 more not listed; retrieve them via the Exa API.