Commercial National Bank v. Gibson
Nebraska Supreme Court
Appeal from the district court of Douglas county* Heard below before Wakeley, J. The facts are stated in the opinion. Erom the facts as disclosed by the evidence there is noprivity between Layton and the Omaha Varnish Company by reason of his purchase from Bodine of his shares of stock, and he would not be liable to it in an action for unpaid subscriptions, and for the same reason he is not liable at the suit of creditors of the insolvent corporation against its stockholders…
Read the full summary
Appeal from the district court of Douglas county* Heard below before Wakeley, J. The facts are stated in the opinion. Erom the facts as disclosed by the evidence there is noprivity between Layton and the Omaha Varnish Company by reason of his purchase from Bodine of his shares of stock, and he would not be liable to it in an action for unpaid subscriptions, and for the same reason he is not liable at the suit of creditors of the insolvent corporation against its stockholders to enforce payment of their claims. (Cook,. Stock and Stockholders, secs. 258-266; Marlborough Mfg* Co. v. Smith, 2…
1Opinion of the Court
Ryan, C.
On the 31st day of October, 1888, the Commercial National Bank of Omaha and L. C. Gillespie, as plaintiffs, 'filed in the district court of Douglas county, Nebraska, their petition, in which were made defendants Edward Ainscow and the Omaha Yarnish Company, of Omaha, with various other parties whom it alleged were, or had *754been, stockholders of the said varnish company. It was alleged in this petition that the articles of incorporation of the Omaha Varnish Company, defendant, were duly adopted, subscribed, and acknowledged on the 20th day of April, 1887; and that it was provided in…
2Cited by10 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Tilden v. BeckmannNebraska Supreme Court · 1979
- State v. German Savings BankNebraska Supreme Court · 1897
- German National Bank v. Farmers & Merchants BankNebraska Supreme Court · 1898
- Harrington v. ConnorNebraska Supreme Court · 1897
5 more not listed; retrieve them via the Exa API.