Nelson v. Keith-O'Brien Co.
Utah Supreme Court
Appeal from District Court, Third District; M. L. Ritebie, Judge. Action by H. A. Nelson against tbe Keith-O’Brien Company and others. From a judgment for defendants, plaintiff appeals. APPELLANT’S POINTS.
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Appeal from District Court, Third District; M. L. Ritebie, Judge. Action by H. A. Nelson against tbe Keith-O’Brien Company and others. From a judgment for defendants, plaintiff appeals. APPELLANT’S POINTS. There being, then, no statutory authority, or no express provision in the articles of incorporation, the corporation had no power to levy an assessment. {Enterprise Ditch Go. v. Moffvbt, 58 Neb. 642; Omaha Library Assn. v. Connell, 55 Neb. 396; 2 Beach on Private Corp., sec. 590; Thompson on Corp.’, secs. 1037, 1038; Rosenback v. Bank, 53 Barb- 495; State v. Bire Assn., 23 N. J. L. 195.)…
1Opinion of the CourtSteaup, J.
This action was brought by plaintiff against the Keith-O’Brien Company, a corporation engaged in general mercantile business and organized under the laws of the state of Utah, and against its directors and its secretary, for an alleged conversion of certain shares of the capital stock of the corporation owned by the plaintiff and his assignors. Judgment was in favor of the defendants, and plaintiff appeals.
The full-paid capital stock of the plaintiff and his assignors was sold by the defendants for nonpayment of assessments levied against it. The only question presented is whether the board…
2Cases cited1 opinion
- Gary v. York Mining Co.Utah Supreme Court · 1894
3Cited by12 opinions
- Orme v. Salt River Valley Water Users' Ass'nArizona Supreme Court · 1923
- Sanderson v. Salmon River Canal Co., Ltd.Idaho Supreme Court · 1927
- Wall v. Basin Mining Co.Idaho Supreme Court · 1909
- Huxtable v. BergWashington Supreme Court · 1917
- Miles v. BowersOregon Supreme Court · 1907
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