Stolz v. Scott
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action to recover from the directors of a corporation the amount of a dividend declared and paid from the capital stock of a corporation and not from the surplus profits of its business. 'Judgment for defendants.
Read the full summary
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action to recover from the directors of a corporation the amount of a dividend declared and paid from the capital stock of a corporation and not from the surplus profits of its business. 'Judgment for defendants. The identification of the journal of the Winn-Barr-Chainey Co., Ltd., was much more complete and positive than was required according to the rules of evidence. (Jones on Evidence, sec. 573; Elliott on Evidence, sec. 465; Lowry National Bank v. Fickett, 122 Ga. 489, 50 S. E.…
1Opinion of the CourtMorgan, J.
This action was commenced by appellant, as receiver of the Winn-Barr-Chainey Company, Limited (hereinafter referred to as the corporation), which was, prior to July 15, 1910, engaged in the mercantile business, to recover from J. T. Scott, O. B. Barr, F. D. Winn, Benjamin Chainey and H. H. Barton, who were formerly directors of the corporation, the sum of $3,895, together with interest thereon, alleged to have been paid as a dividend, on or about January 14, 1908, from its capital stock and not from surplus profits arising from its business. Barr and Winn failed to appear and Scott, Chainey…
2Cases cited4 opinions
- Broads v. Mead and CookCalifornia Supreme Court · 1911
- Hall v. JensenIdaho Supreme Court · 1908
- Scanlan v. San Francisco & San Joaquin RailwayCalifornia Supreme Court · 1900
- Montgomery v. GrayIdaho Supreme Court · 1914
3Cited by15 opinions
- Berthold-Jennings Lumber Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1935
- Asumendi v. FergusonIdaho Supreme Court · 1937
- Livestock Credit Corp. v. CorbettIdaho Supreme Court · 1933
- Boise Payette Lumber Co. v. Idaho Gold Dredging Corp.Idaho Supreme Court · 1936
- Patteson v. MyersSupreme Court of Oklahoma · 1938
10 more not listed; retrieve them via the Exa API.