Calliope Mining Co. v. Herzinger
Supreme Court of Colorado
Error to the District Court of Pueblo County. The defendant in error, as administratrix of the estate of Adam G. Herzinger, deceased, instituted this action to recover the sum of $8,750, alleged to have accrued to her intestate during his lifetime, as dividends declared by said plaintiff in error upon 125,000 shares of its capital stock belonging to him, from the month of September, 1889, to the month of March, 1890, inclusive.
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Error to the District Court of Pueblo County. The defendant in error, as administratrix of the estate of Adam G. Herzinger, deceased, instituted this action to recover the sum of $8,750, alleged to have accrued to her intestate during his lifetime, as dividends declared by said plaintiff in error upon 125,000 shares of its capital stock belonging to him, from the month of September, 1889, to the month of March, 1890, inclusive. To this demand defendant answered, first, by a general denial; and, second, that said Herzinger, on October 9, 1889, agreed to sell and did sell to Otto Mears, the…
1Opinion of the CourtJustice Goddard
To support the issues upon her part the plaintiff introduced in evidence the transcript of the'minutes of the meeting of the company held August 20, 1889, as follows:
“ The board of directors of The Calliope Mining Company held their second regular monthly meeting August 20, 1889, for the purpose of declaring their second monthly dividend September 10, 1889; ” and the deposition of E. J. Bent, secretary and treasurer of the company, to the effect that the dividend thus provided for was one per cent per share; that the prior dividend of July 20, 1889, was never paid; that after the meeting of…
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