Wall v. Basin Mining Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for tbe County of Shoshone. Hon. W. W. Woods, Judge. An action to establish the plaintiff’s right as a stockholder in the defendant corporation. Judgment for defendant. Plaintiff appeals.
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APPEAL from the District Court of the First Judicial District, for tbe County of Shoshone. Hon. W. W. Woods, Judge. An action to establish the plaintiff’s right as a stockholder in the defendant corporation. Judgment for defendant. Plaintiff appeals. The only state constitution which has a provision concerning the liability of stockholders exactly like that of Idaho is that of Missouri, as amended in 1870. As our court has never construed the constitution of Idaho, it becomes of prime importance to examine the construction given the Missouri constitution by the courts of that state.…
1Concurrence
AILSHIE, J.,
Concurring. — I concur in the reversal of the judgment on the ground and for the reasons set forth in the opinion of Justice Stewart, to the effect that the corporation, having contracted with the stockholder that his stock should be nonassessable, is now bound by that contract, and had no power or authority to subsequently levy the assessment in question. This is sufficient reason for a reversal of the judgment, whether or not the power exists under the constitution to levy assessments at all on fully paid stock. On the latter proposition I express no -opinion.
In reserving my…
2Cases cited3 opinions
- Ochiltree v. Railroad Co.Supreme Court of the United States · 1875
- Hall v. Eagle Rock & Willow Creek Water Co.Idaho Supreme Court · 1897
- Sparks v. Lower Payette Ditch Co.Idaho Supreme Court · 1892