Kipp v. Miller
Supreme Court of Colorado
Appeal from Denver District Court■ — 'Hon. Greeley W. Whiteord, Judge. This is an action by plaintiffs below, Alfred L. Miller and others, on behalf of themselves and those similarly situated, as creditors of the State Bank of Monte Vista, against the defendants below, appellants here, including the bank itself, Norman H. Chapman, its assignee, and all of the stockholders not theretofore sued in like ground.
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Appeal from Denver District Court■ — 'Hon. Greeley W. Whiteord, Judge. This is an action by plaintiffs below, Alfred L. Miller and others, on behalf of themselves and those similarly situated, as creditors of the State Bank of Monte Vista, against the defendants below, appellants here, including the bank itself, Norman H. Chapman, its assignee, and all of the stockholders not theretofore sued in like ground. The object of the suit was to ascertain the amount of the bank’s liabilities at the time of its dissolution, to obtain judgment therefor, and to have an ascertainment of the number of…
1Opinion of the CourtJustice Bailey
The State Bank was organized on August 11, 1890, to continue for a period of ten years next thereafter. The assignment was made on June 15, 1899, and this suit was begun on June 9,1905.
The first suggestion is that inasmuch as, by the express terms of its charter, the State Bank ceased to exist on August 11, 1900, therefor it was neither a proper nor possible party to a suit, begun some five years thereafter; that the only persons who could properly be made defendants, as the bank’s representatives,- are those who were its- directors at the time of its dissolution by expiration of its charter,…
2Cases cited20 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Dimpfell v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1884
- Dunphy v. Traveller Newspaper Ass'nMassachusetts Supreme Judicial Court · 1888
- Denver City Irrigation & Water Co. v. MiddaughSupreme Court of Colorado · 1889
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3Cited by11 opinions
- State v. Mortgage Security Co. of Minnesota, Inc.Supreme Court of Minnesota · 1923
- Webster v. U. S. I. Realty Co.Supreme Court of Minnesota · 1927
- Miller v. LaneCalifornia Supreme Court · 1911
- Mieyr v. Federal Surety Co. of DavenportMontana Supreme Court · 1933
- Holmberg v. AnchellDistrict Court, S.D. New York · 1938
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