Legal Opinion

Courtney v. Youngs

Michigan Supreme Court

Decided July 18, 1918No. Docket No. 14PublishedCited by 15 opinions

Error to Iron; Flánnigan, J. Assumpsit by Joseph S. Courtney, trustee in bankruptcy of the Groveland Mining Company, against George W. Youngs for an assessment upon certain shares of corporate stock. Judgment for plaintiff. Defendant brings error.

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Error to Iron; Flánnigan, J. Assumpsit by Joseph S. Courtney, trustee in bankruptcy of the Groveland Mining Company, against George W. Youngs for an assessment upon certain shares of corporate stock. Judgment for plaintiff. Defendant brings error. The Groveland Mining Company filed its articles of association in the office of the secretary of State August 5, 1907. By such articles it appears that the following named persons were its incorporators and received the number of shares of stock stated: George W. Youngs (Defendant)...........2,026 shares J. H.…

1Opinion of the CourtFellows, J.

(after stating the facts). We have recently had occasion to consider a case brought for the same purpose as is the instant case, and in which some of the questions here involved were determined. Grand Rapids Trust Co. v. Nichols, 199 Mich. 126; we shall have occasion to refer to that case as we proceed.

It is insisted that the order of the referee above mentioned, having been made without personal service on defendant, is void and of no effect as to this defendant, and for that reason this or any other suit has not been validly authorized and may not be maintained. The authorities upon this…

2Cases cited15 opinions

  1. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  2. Scovill v. ThayerSupreme Court of the United States · 1882
  3. Old Dominion Copper Mining & Smelting Co. v. LewisohnSupreme Court of the United States · 1908
  4. Zartman v. First Nat. Bank of WaterlooSupreme Court of the United States · 1910
  5. Coit v. Gold Amalgamating Co.Supreme Court of the United States · 1886

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3Cited by15 opinions

  1. Tuffy v. NicholsCourt of Appeals for the Second Circuit · 1941
  2. Multiplex Concrete MacHinery Co. v. SaxerMichigan Supreme Court · 1945
  3. Jaffe v. AckermanMichigan Supreme Court · 1937
  4. Heidelmeyer v. Village of OakwoodMichigan Supreme Court · 1923
  5. Moore v. AndrewsMichigan Supreme Court · 1918

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