Louisville & Nashville Railroad v. Nield
Court of Appeals of Kentucky
Appeal from Jefferson Circuit Court (Chancery Branch, First Division).
1Opinion of the Court
Opinion of the Court by
Judge Clarke —
Reversing.
The question upon this appeal is whether, in any event, a suit may he maintained in equity against a stockholder for a debt of the corporation before a judgment has been obtained at law against the corporation and a return of “no property,” and without the corporation being made a party defendant. That ordinarily and as a general rule the secondary and equitable liability of a stockholder for the corporation debt cannot be enforced until the primary and legal liability of the corporation has been determined and legal remedies exhausted by…
2Cases cited6 opinions
- Swan Land & Cattle Co. v. FrankSupreme Court of the United States · 1893
- Shellington v. . HowlandNew York Court of Appeals · 1873
- Harbison-Walker Refractories Co. v. McFarland's AdministratorCourt of Appeals of Kentucky · 1913
- Chesapeake, Ohio & Southwestern Railroad v. GriestCourt of Appeals of Kentucky · 1887
- Louisville & N. R. R. v. BiddellCourt of Appeals of Kentucky · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Abbott v. BOB'S U-DRIVEOregon Supreme Court · 1960
- Park Terrace, Inc. v. Phoenix Indemnity Co.Supreme Court of North Carolina · 1956
- Nield v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1924
- Providence State Bank v. BohannonDistrict Court, E.D. Missouri · 1977
- Kirchdorfer v. Liberty Nat. Bank & Trust Co.Court of Appeals of Kentucky (pre-1976) · 1946
3 more not listed; retrieve them via the Exa API.