Titus v. Paul State Bank
Idaho Supreme Court
APPEAL from tbe District Court of the Fourth Judicial District, for Minidoka County. Hon. H. F. Ensign, Judge. Suit for injunction. Judgment for plaintiff.
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APPEAL from tbe District Court of the Fourth Judicial District, for Minidoka County. Hon. H. F. Ensign, Judge. Suit for injunction. Judgment for plaintiff. Where the full amount of the original capital stock has never been subscribed for, and the full number' of shares .thereof has never been issued, if the directors then see fit to accept or solicit subscriptions for the shares remaining untaken, they are not obliged to give to those who are already shareholders any preference, but may offer the fresh shares in open market. (Morse on Banks and Banking, sec. 707.) Even conceding, for the…
1Opinion of the CourtMorgan, C. J.
Respondent filed his complaint seeking an injunction against appellants restraining them, during the pendency of the action, from conveying, or in any manner disposing of, or concealing, fifty shares of the stock of appellant bank, and praying that the same be canceled and surrendered to the court to be returned to the corporation for the use and benefit of all the stockholders; also that, upon final hearing, the injunction be made perpetual, and for damages. A temporary injunction was issued commanding appellants to refrain from the acts sought to be enjoined. Appellants filed a general…
Also in this document: Concurrence.
2Cases cited9 opinions
- Gray v. President of the Portland BankMassachusetts Supreme Judicial Court · 1807
- Stokes v. . Continental Trust Co.New York Court of Appeals · 1906
- Luther v. C. J. Luther Co.Wisconsin Supreme Court · 1903
- Dousman v. Wisconsin & Lake Superior Mining & Smelting Co.Wisconsin Supreme Court · 1876
- Trask v. ChaseSupreme Judicial Court of Maine · 1910
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3Cited by3 opinions
- Hanny v. Sunnyside Ditch CompanyIdaho Supreme Court · 1960
- Yreka United, Inc. v. HarrisonIdaho Supreme Court · 1973
- Petre v. BruceTennessee Supreme Court · 1928