Legal Opinion

Hilliard v. Lyman

U.S. Circuit Court for the District of Vermont

Decided May 24, 1905PublishedCited by 2 opinions

At Law. On demurrer to declaration.

1Opinion of the Court

WHEELER, District Judge.

The statute under which the defendants were directors provides (V. S. 3724):

“No debts shall be contracted by the corporation exceeding in amount two-thirds of the capital stock actually paid in; and a director assenting to the creation of an indebtedness exceeding such amount shall be personally liable for the excess.”

The declaration alleges the creation of an indebtedness of the corporation amounting to $2,800 to the plaintiff, in excess of two-thirds of the capital stock actually paid in, assented to by the defendants as directors, whereby they became liable therefor…

2Cases cited1 opinion

  1. Windham Provident Institution for Savings v. SpragueSupreme Court of Vermont · 1871

3Cited by2 opinions

  1. Seegmiller v. DayCourt of Appeals for the Seventh Circuit · 1918
  2. Belmont v. GentrySouth Dakota Supreme Court · 1933

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