Kelly v. Clark
Montana Supreme Court
Appeal from District Court, Lewis cmd Clarke Country; Horace R. Buck, Judge. Suit by Charles Kelly against the Fourth of July Mining Company, Joseph K. Clark, and others. There was a judgment for plaintiff against Joseph K. Clark, and from the judgment and an ordér denying a new trial he appeals. Statement of the facts by the justice delivering the opinion.
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Appeal from District Court, Lewis cmd Clarke Country; Horace R. Buck, Judge. Suit by Charles Kelly against the Fourth of July Mining Company, Joseph K. Clark, and others. There was a judgment for plaintiff against Joseph K. Clark, and from the judgment and an ordér denying a new trial he appeals. Statement of the facts by the justice delivering the opinion. The Fourth of July Mining Company, a mining corporation. was organized under the laws of Montana (Chapter XXV, Fifth Division, General Laws of 1887) on December 19, 1-889. Its capital stock named in the articles of incorporation was…
1Opinion of the CourtHunt, J.
Appellant’s counsel, in their opening brief, declare they find difficulty in telling whether the respondent’s action was brought upon the theory that defendant was liable, as a subscriber of stock, for the difference between what he actually paid therefor and .the par value thereof, or whether it is sought to charge appellant with fraud, as a director of the company. This difficulty arises, argue counsel, because it appears by the complaint that the theory of respondent is. that the trustees fraudulently, and to relieve themselves of personal liability, caused all the capital stock to be…
2Cases cited48 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Scovill v. ThayerSupreme Court of the United States · 1882
- Sanger v. UptonSupreme Court of the United States · 1875
- Sawyer v. HoagSupreme Court of the United States · 1873
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3Cited by15 opinions
- R. H. Herron Co. v. ShawCalifornia Supreme Court · 1913
- State Trust Co. v. TurnerSupreme Court of Iowa · 1900
- King v. Pony Gold Mining Co.Montana Supreme Court · 1903
- Mitchell v. Banking Corporation of Mont.Montana Supreme Court · 1929
- Richardson v. Treasure Hill Mining Co.Utah Supreme Court · 1901
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