Lavell v. Bullock
North Dakota Supreme Court
Appeal from judgment of the District Court of Cass County, Cooley, Special Judge. The action is not one "properly triable in a court of equity under the circumstances here presented, but should be in the form of an action at law in which this defendant has the right to have the facts determined by a jury. Comp. Laws 1913, § 760S; Kohler v. Agassiz (Cal.) 33 Pac. 741. The ordinary action for the recovery of a call is an action at law. 4 Thomp.
Read the full summary
Appeal from judgment of the District Court of Cass County, Cooley, Special Judge. The action is not one "properly triable in a court of equity under the circumstances here presented, but should be in the form of an action at law in which this defendant has the right to have the facts determined by a jury. Comp. Laws 1913, § 760S; Kohler v. Agassiz (Cal.) 33 Pac. 741. The ordinary action for the recovery of a call is an action at law. 4 Thomp. Corp. pp. 351, 352. “The remedy to collect subscriptions was held not to be in equity, although the defense was interposed that the board of directors…
1Concurrence 1
Birdzell, J., and Hanley, Special Judge
(concurring specially). The certificates of stock involved in this case were issued without consideration. It was bonus stock for which no consideration was given, promised, or expected; it being stock that was used by the corporation as an inducement to purchasers to buy the preferred treasury stock. The Constitution of this state provides: “No corporation shall issue stock or bonds except for money, labor done, or money or property actually received; and all fictitious increases or indebtedness shall be void.” Const. § 138. The Code provides: “. . . No…
Also in this document: Concurrence · Bronson.
2Cases cited14 opinions
- Webster v. UptonSupreme Court of the United States · 1876
- Coleman v. HoweIllinois Supreme Court · 1895
- Gillett v. Chicago Title & Trust Co.Illinois Supreme Court · 1907
- Clarke v. Lincoln Lumber Co.Wisconsin Supreme Court · 1884
- Brant v. EhlenCourt of Appeals of Maryland · 1882
9 more not listed; retrieve them via the Exa API.