Commercial National Bank v. Kirk
Supreme Court of Pennsylvania
Appeal, No. 220, Oct. T., 1908, by plaintiff, from judgment of C. P. Lawrence Co., June T., 1906, No. 99, on verdict for defendants in case of Commercial National Bank of Bozeman, Montana, v. C. J. Kirk et al. Assumpsit against directors of a Montana corporation. Before William E. Porter, P. J. The facts are stated in the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 220, Oct. T., 1908, by plaintiff, from judgment of C. P. Lawrence Co., June T., 1906, No. 99, on verdict for defendants in case of Commercial National Bank of Bozeman, Montana, v. C. J. Kirk et al. Assumpsit against directors of a Montana corporation. Before William E. Porter, P. J. The facts are stated in the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Me. Justice Elkin,
The appellees were stockholders in and directors of a mining corporation of Montana. Under a statute of that state, it is made the duty of. the corporation to make an annual report showing the amount of capital stock authorized, the proportion of the capitalization paid in, and the existing indebtedness, which report is required to be filed in the office of the clerk of the county where the principal place of business is located. In the present case the annual report was not made nor filed as required by the statute. Failure to make and file the report imposes upon…
2Cases cited6 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Gans v. SwitzerMontana Supreme Court · 1890
- State Savings Bank v. JohnsonMontana Supreme Court · 1896
- Wethey v. KemperMontana Supreme Court · 1896
- Ball v. AndersonSupreme Court of Pennsylvania · 1900
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- Popkin v. Eastern Air Lines, Inc.District Court, E.D. Pennsylvania · 1962
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