Ueland v. Haugan
Supreme Court of Minnesota
Action in the district court for Hennepin county by the receiver of the insolvent Washington Bank against the stockholders of the bank for the purposes stated in the opinion. Andrew C. Haugan and certain other defendants demurred to the complaint. From an order overruling their demurrer, .Russell, J., they appealed.
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Action in the district court for Hennepin county by the receiver of the insolvent Washington Bank against the stockholders of the bank for the purposes stated in the opinion. Andrew C. Haugan and certain other defendants demurred to the complaint. From an order overruling their demurrer, .Russell, J., they appealed. All four assignments of error involve the construction of Laws 1895, c. 145, § 20. A receiver appointed by a court must obtain an order of the court authorizing him to sue before he has the legal right so to do, and his authority must be pleaded. High, Rec. §§ 201, 208; Wynn v.…
1Opinion of the CourtCollins, J.
Plaintiff, as receiver of the Washington Bank, an insolvent banking corporation (appointed under the provisions of Laws 1895, c. 145), brought this action against alleged stockholders for the purpose of ascertaining the liability of each to all creditors who exhibited their claims, to obtain judgment against such stockholders for the amounts so ascertained, and to compel payment by defendant stockholders of sums equal to twice the par value of the stock held by each. A demurrer was interposed to the complaint by several of these defendants, upon five distinct grounds, and this appeal is from…
2Cases cited5 opinions
- Kennedy v. GibsonSupreme Court of the United States · 1869
- Allen v. WalshSupreme Court of Minnesota · 1879
- Minneapolis Baseball Co. v. City BankSupreme Court of Minnesota · 1896
- Henning v. RaymondSupreme Court of Minnesota · 1886
- Palmer v. Bank of ZumbrotaSupreme Court of Minnesota · 1896
3Cited by7 opinions
- Bennett v. WheatleySupreme Court of Georgia · 1922
- Foster v. RowMichigan Supreme Court · 1899
- Commissioner of Banks v. Prudential Trust Co.Massachusetts Supreme Judicial Court · 1922
- Hanson v. SoderbergWashington Supreme Court · 1919
- Shearer v. ChristySupreme Court of Minnesota · 1917
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