Meeks v. Arkansas Light & Power Co.
Supreme Court of Arkansas
Appeal from Columbia Chancery Court; J. M. Barker, Chancellor; 1. The court erred in dismissing the complaint. The complaint stated an equitable cause of action. The Arkansas Power Company, with whom appellant made the contract which was breached, had gone out of existence, and appellant was seeking to follow the assets into the hands of the stockholders and the hands of the new corporation, its successor, which assumed the debts and liabilities of the old corporation.
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Appeal from Columbia Chancery Court; J. M. Barker, Chancellor; 1. The court erred in dismissing the complaint. The complaint stated an equitable cause of action. The Arkansas Power Company, with whom appellant made the contract which was breached, had gone out of existence, and appellant was seeking to follow the assets into the hands of the stockholders and the hands of the new corporation, its successor, which assumed the debts and liabilities of the old corporation. The debts existing at the time of its dissolution are not extinguished thereby and in equity may be collected out of the…
1Opinion of the CourtWood, J.
This is an action instituted in the chancery court of Columbia County by the appellant against the appellees. The appellant alleged that the Arkansas Light & Power Company was originally incorporated as the Arkansas Power Company, of which Gus Kohn and Harvey Couch were stockholders, and that it was reineorporated and was doing business under the name of the Arkansas Light ■& Power Company, and Couch and Kohn were stockholders of the latter company; that on or about the 15th of June, 19l4, E. B. Meeks entered into a contract of hire with the Arkansas Power Company for the remainder of the…
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