Legal Opinion · Dissent

Horn v. Lupton

Indiana Supreme Court

Decided May 20, 1914No. 21,984Published

From Wells Circuit Court; Charles E. Sturgis, Judge. Action by Lenora Horn against Ambrose G. Lupton and others. Prom a judgment for defendants, the plaintiff appeals. (Transferred from the Appellate Court under §1405 Burns 1914, Acts 1901 p. 590.)

1Dissent

Dissenting Opinion.

Myers, J.

I am not able to view this case in the same light as my brethren. By §3 of the act of 1905 (Acts 1905 p. 182), a partnership bank theretofore existing, was required after July 1, 1905, to do certain things, under heavy penalty for failure, and among others, each partner was required to execute and acknowledge a copy of the articles of copartnership. It is found by the court that appellant refused to sign and acknowledge such an instrument, which increased the capital stock to $25,000. This she had a right to decline to do, but it is also found that she refused to…

2Cases cited20 opinions

  1. Jeffersonville Water Supply Co. v. RiterIndiana Supreme Court · 1897
  2. Cheney v. UnroeIndiana Supreme Court · 1906
  3. Crum v. YundtIndiana Court of Appeals · 1895
  4. Smith v. LisherIndiana Supreme Court · 1864
  5. Eaton & Hamilton R. R. v. HuntIndiana Supreme Court · 1863

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