Legal Opinion

Cooper v. Utah Light & Railway Co.

Utah Supreme Court

Decided April 29, 1909No. 2005PublishedCited by 19 opinions

Appeal from District Court, Third District; Hon. G. W. Morse, Judge. Action to subject property to the payment of judgment. Thom a judgment for plaintiff, the defendant, the Utah Light ■& Hallway, appealed. APPELLANT'S AUTHORITIES.

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Appeal from District Court, Third District; Hon. G. W. Morse, Judge. Action to subject property to the payment of judgment. Thom a judgment for plaintiff, the defendant, the Utah Light ■& Hallway, appealed. APPELLANT'S AUTHORITIES. The rule with respect to the liability of a purchasing corporation for the debts of a vendor corporation is stated by Clark & Marshall on Corporations, sec. 342, vol. 2, page 985, as follows: “As a general rule, a separate and distinct corporation which has succeeded by a valid purchase and transfer to the property and franchises of another corporation, is not…

1Opinion of the CourtStraup, C. J.

This is an equitable action, brought by plaintiff to subject certain property conveyed and transferred by the Utah Light & Power Company, a corporation, to the Utah Light & Railway Company, a corporation, to the satisfaction of a *577judgment obtained by tbe plaintiff against tbe first-named company. Tbe case was submitted to tbe court below principally upon an agreed statement pf facts. Tbe statement, and findings of tbe'Court, so far as material, show: Both corporations are domestic corporations. Tbe Utah Light & Power Company was organized in 1899, and from that time until January 2, '1904,…

2Cases cited15 opinions

  1. McDonald v. WilliamsSupreme Court of the United States · 1899
  2. Grenell v. Detroit Gas Co.Michigan Supreme Court · 1897
  3. Martin v. ZellerbachCalifornia Supreme Court · 1869
  4. Strong v. LawrenceSupreme Court of Iowa · 1882
  5. Chicago, Milwaukee & St. Paul Railway Co. v. Third National Bank of ChicagoSupreme Court of the United States · 1890

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3Cited by19 opinions

  1. Society of Separationists, Inc. v. WhiteheadUtah Supreme Court · 1993
  2. West Texas Refining & D. Co. v. Commissioner of Int. Rev.Court of Appeals for the Tenth Circuit · 1933
  3. Pierce v. Riverside Mortgage Securities Co.California Court of Appeal · 1938
  4. Ozan Lumber Co. v. Davis Sewing Mach. Co.District Court, D. Delaware · 1922
  5. Chicago, Milwaukee, St. Paul & Pacific Railroad v. HarmonMontana Supreme Court · 1931

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