Hall v. Nieukirk
Idaho Supreme Court
APPEAL from the District Court of Fourth Judicial District for Elmore County. Hon. Lyttleton Price, Judge. Application for the appointment of a receiver, which was denied by the trial judge. “A receiver of a corporation upon proper application by a proper party, may be appointed, when upon application of a stockholder it is shown that the directors and officers of the corporation are mismanaging its affairs, as for their own personal advantage and gain.”
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APPEAL from the District Court of Fourth Judicial District for Elmore County. Hon. Lyttleton Price, Judge. Application for the appointment of a receiver, which was denied by the trial judge. “A receiver of a corporation upon proper application by a proper party, may be appointed, when upon application of a stockholder it is shown that the directors and officers of the corporation are mismanaging its affairs, as for their own personal advantage and gain.” (Smith on Receivership, p. 395, sec. 225, subd. e; Mayioood v. Lincoln Lumber Co., 64 Wis. 639, 26 N. W. 184; Supreme Lodge Co. O. of I. M.…
1Opinion of the CourtSullivan, J.
This is an appeal from an order of the judge of the fourth judicial district court denying the application of the appellants for the appointment of a receiver for the Charles E. Kelsey Company, Limited, a corporation organized under the laws of the state of Idaho, and doing a general merchandising business in Elmore county. The application was based on the amended complaint in the action. All of the allegations of that complaint were admitted by the respondents, as they did not by answer or otherwise deny any of them at the time said application for a receiver was presented and passed upon by…
Also in this document: Concurrence.
2Cases cited9 opinions
- Miner v. Belle Isle Ice Co.Michigan Supreme Court · 1893
- La Société Française D'Epargnes et de Prévoyance Mutuelle v. Dist. Court of the Fifteenth Judicial Dist.California Supreme Court · 1879
- Haywood v. Lincoln Lumber Co.Wisconsin Supreme Court · 1885
- Gibbs v. MorganIdaho Supreme Court · 1903
- Ponca Mill Co. v. MikesellNebraska Supreme Court · 1898
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3Cited by9 opinions
- Lowder v. All Star Mills, Inc.Supreme Court of North Carolina · 1981
- Backus v. FinkelsteinDistrict Court, D. Minnesota · 1927
- Boothe v. Summit Coal Mining Co.Washington Supreme Court · 1909
- Riley v. Callahan Mining Co.Idaho Supreme Court · 1916
- Brent v. B. E. Brister Sawmill Co.Mississippi Supreme Court · 1912
4 more not listed; retrieve them via the Exa API.