Legal Opinion

Rabbitt v. Wilcoxen

Supreme Court of Iowa

Decided October 8, 1897PublishedCited by 15 opinions

Appeal from Polk District Court. — -Hon. T. F. Stevenson, Juclge. The following, including some provisions of tbe law of the association, to be noticed in the opinion, is substantially appellees’ statement of the facts. “The Union Building & Savings Association was incorporated under the laws of Iowa, on the twenty-sixth of June, 1890, with its principal place of business in the city of Des Moines.

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Appeal from Polk District Court. — -Hon. T. F. Stevenson, Juclge. The following, including some provisions of tbe law of the association, to be noticed in the opinion, is substantially appellees’ statement of the facts. “The Union Building & Savings Association was incorporated under the laws of Iowa, on the twenty-sixth of June, 1890, with its principal place of business in the city of Des Moines. The object of the association, as stated in its articles of incorporation, being To afford profitable investment of money, and encourage and assist its 'shareholders in the acquisition of real…

1Opinion of the CourtGranger, J.

The case involves no controversy as to general creditors, nor as to any creditors except in so far as the ■withdrawing shareholders may be regarded as creditors, as to which fact there is some controversy in argument. There are two classes of persons who claim to be entitled to participate in the distribution of the assets of the corporation: First, those who gave notice of withdrawal before the appointment of the receiver, who claim to be preferred, and to be entitled to full payment 'before the other shareholders are entitled to anything; and, second, those who did not give such notice, who…

2Cases cited1 opinion

  1. Heinbokel v. National Savings, Loan & Bldg. Ass'nSupreme Court of Minnesota · 1894

3Cited by15 opinions

  1. State Ex Rel. McCormack v. American Building & Loan Ass'nTennessee Supreme Court · 1941
  2. Colin v. WellfordSupreme Court of Virginia · 1904
  3. Cook v. Emmet Perpetual & Mutual Building Ass'nCourt of Appeals of Maryland · 1899
  4. Pacific Coast Savings Society v. SturdevantCalifornia Supreme Court · 1913
  5. Fitzgerald v. State Mutual Building & Loan Ass'nNew Jersey Court of Chancery · 1909

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