Stacy v. McNicholas
Oregon Supreme Court
From Josephine: Frank M. Calkins, Judge. In Banc. Statement by Mr. Justice Ramsey. This suit appears to have been commenced in 1910 by James E. Stacey, Daniel Myers, David J. Nye, George T. Briggs and C. H. McKeown, against James H. McNicholas, Old Channel Hydraulic Mines Company, a corporation, Thomas W. Browning, Old Channel Mining Company, an Illinois corporation, and William Ulrich, trustee of the Old Channel Mining-Company, bankrupt, for an accounting and to have a…
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From Josephine: Frank M. Calkins, Judge. In Banc. Statement by Mr. Justice Ramsey. This suit appears to have been commenced in 1910 by James E. Stacey, Daniel Myers, David J. Nye, George T. Briggs and C. H. McKeown, against James H. McNicholas, Old Channel Hydraulic Mines Company, a corporation, Thomas W. Browning, Old Channel Mining Company, an Illinois corporation, and William Ulrich, trustee of the Old Channel Mining-Company, bankrupt, for an accounting and to have a receiver appointed. The respondents move to dismiss the appeal. Department 2. Statement by Mr. Justice Bean. This is an…
1Opinion
Modified April 27, 1915.
On the Merits.
(148 Pac. 67.)
As a basis for this suit, after the formal allegations as to the corporate character of the defendant corporations, the plaintiffs in.their averments stated the following, in substance: After McNicholas purchased the mining property, he caused a pretended corporation to be effected under the laws of the territory of Arizona with an ostensible capital of $5,000,000, the shares of which were of the par value of $1 each. Two million shares and over were sold to various persons, among whom were plaintiffs, at from 30 to 75 cents per share. One…
2Cases cited15 opinions
- In Re Watts and SachsSupreme Court of the United States · 1903
- Wood v. Guarantee Trust and Safe Deposit Co.Supreme Court of the United States · 1888
- Wills v. Nehalem Coal Co.Oregon Supreme Court · 1908
- State ex rel. Merriam v. RossSupreme Court of Missouri · 1894
- Hanna v. State Trust Co.Court of Appeals for the Eighth Circuit · 1895
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