Legal Opinion

Senour Manufacturing Co. v. Church Paint & Manufacturing Co.

Supreme Court of Minnesota

Decided November 12, 1900No. Nos. 12,228—(88)PublishedCited by 13 opinions

Action in the district court for Ramsey county to enforce the liability of defendant stockholders in defendant corporation. The case was tried before Kelly, J., who at the close of plaintiff’s testimony granted a motion to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed. The articles of association authorize the company to do other business than manufacturing and the business properly incident thereto.

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Action in the district court for Ramsey county to enforce the liability of defendant stockholders in defendant corporation. The case was tried before Kelly, J., who at the close of plaintiff’s testimony granted a motion to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed. The articles of association authorize the company to do other business than manufacturing and the business properly incident thereto. Hence the - corporation is not within the constitutional exception. Oswald -y. St. Raul Globe Pub. Co., 60 Minn. 82, 85; Arthur y. Willius, 44 Minn. 409,…

1Opinion of the CourtBrown, J.

This is an action to enforce the liability of defendants as stockholders of the Church Paint & Manufacturing Company, a corporation, for the debts of the corporation. The cause was dismissed in the court below at the conclusion of plaintiff’s evidence, and plaintiff appeals from an order denying a new trial.

Defendants contest their liability on the ground that the corporation of which they are so sought to be charged as stockholders was organized as a manufacturing corporation, and under section 3 of article 10 of the state constitution they are not personally liable for its debts.

Plaintiff…

2Cases cited9 opinions

  1. Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
  2. Kraniger v. People's Building SocietySupreme Court of Minnesota · 1895
  3. Anderson v. Cincinnati Southern RailwayCourt of Appeals of Kentucky · 1887
  4. Hastings Malting Co. v. Iron Range Brewing Co.Supreme Court of Minnesota · 1896
  5. Elevator Co. v. Memphis & Charleston RailroadTennessee Supreme Court · 1887

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3Cited by13 opinions

  1. Staacke v. RoutledgeTexas Supreme Court · 1922
  2. State v. Mortgage Security Co. of Minnesota, Inc.Supreme Court of Minnesota · 1923
  3. City of Marshall v. KalmanSupreme Court of Minnesota · 1922
  4. Merchants' National Bank of St. Paul v. Minnesota Thresher Manufacturing Co.Supreme Court of Minnesota · 1903
  5. Sibley County Bank v. Crescent Milling Co.Supreme Court of Minnesota · 1927

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