Matthews v. Patterson
Supreme Court of Colorado
Error to Superior Gourt of Denver. The judgment sustained a demurrer to the complaint. The substantial averments of the pleading were that the Union Smelting & Refining Company was a Colorado corporation organized in 1885, which afterwards bought of the plaintiffs large quantities of ore, and failed to pay about $8,500 of the purchase price.
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Error to Superior Gourt of Denver. The judgment sustained a demurrer to the complaint. The substantial averments of the pleading were that the Union Smelting & Refining Company was a Colorado corporation organized in 1885, which afterwards bought of the plaintiffs large quantities of ore, and failed to pay about $8,500 of the purchase price. On the 17th day of February, 1886, the company filed in the office of the clerk and recorder of the county of Clear Creek, the county of its place of business, a report which stated that the capital stock of the company was $500,000, of which $407,500 was…
1Opinion of the Court
Bissell, O.
It is clear that, in the enactment of the two sections of the statute contained in the statement of facts, the legislature intended to subject the officers and trustees of corporations to a statutory liability for the debts of their companies under two very dissimilar conditions. The first section imposes a joint and several liability upon the officers and trustees of corporations for a failure to file the report provided for in that portion of the statute. The liability results from a failure to perform the statutory duty. It makes no difference whatever whether the defaulting…
Also in this document: Per curiam.
2Cases cited3 opinions
- Bonnell v. . GriswoldNew York Court of Appeals · 1880
- Bonnell v. . GriswoldNew York Court of Appeals · 1882
- Pier v. . HanmoreNew York Court of Appeals · 1881
3Cited by2 opinions
- Northern Pac. Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1914
- Schroeder v. SnarrSupreme Court of Colorado · 1920