Legal Opinion

Brewer v. Michigan Salt Ass'n

Michigan Supreme Court

Decided November 4, 1885PublishedCited by 3 opinions

Appeal from Saginaw. (Gage, J.) Bill for discovery, etc. Defendants appeal. Stockholders are accountable in equity to creditors of the corporation to the extent of corporate property distributed amongst them that ought to have been applied to the debt: Ang. & Am. Corp. §§ 599-604; Upton v. Trebilcooh 91 U. S. 47 ; Sanger v. Upton id. 60.

1Opinion of the CourtSherwood, J.

The bill in this case is filed for discovery and relief. The defendants interposed a general demurrer. A hearing was had in the Saginaw circuit before Judge Gage, and the demurrer was overruled with costs, and defendants appeal to this Court.

The defendant was a corporation duly organized under the laws of this State. The association was formed for “ the manufacture of and dealing in salt, and to engage in the transportation of its products to market.” In 1878 the com. plainant let the defendant have a large quantity of salt, for a portion of which it refused to make payment, and on the 30th…

2Cases cited5 opinions

  1. Pierce v. Milwaukee Construction Co.Wisconsin Supreme Court · 1875
  2. De Witt v. SwiftNew York Supreme Court · 1848
  3. Getty v. Hudson River Rail RoadNew York Supreme Court · 1852
  4. Brewer v. Michigan Salt Ass'nMichigan Supreme Court · 1882
  5. Scofield v. Van SyckleNew York Supreme Court · 1862

3Cited by3 opinions

  1. Gaskins v. BonfilsCourt of Appeals for the Tenth Circuit · 1935
  2. Earle v. HumphreyMichigan Supreme Court · 1899
  3. Klein Bros. & Co. v. Baltimore Underwriters' AgencyBaltimore City Circuit Court · 1912

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