Security Trust Co. v. Ford
Ohio Supreme Court
Error to the Circuit Court of Putnam county. The action out of which the present error proceeding arises was brought in the common pleas of Putnam by the Security Trust Company, as trustee in bankruptcy of the Columbia Telephone Manufacturing Company, against that Company, James M. Ford, and divers other persons, to enforce, in the interest-of the creditors of' said Company, a liability against said persons to the amount of their unpaid subscriptions to the capital stock of…
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Error to the Circuit Court of Putnam county. The action out of which the present error proceeding arises was brought in the common pleas of Putnam by the Security Trust Company, as trustee in bankruptcy of the Columbia Telephone Manufacturing Company, against that Company, James M. Ford, and divers other persons, to enforce, in the interest-of the creditors of' said Company, a liability against said persons to the amount of their unpaid subscriptions to the capital stock of the Company. By its petition the plaintiff, in substance, averred the insolvency of the Columbia Telephone Manufacturing…
1Opinion of the CourtSpear, J.
Of course the ultimate question is with respect to the sufficiency of the petition as tested by a general demurrer. As a primary question, irrespective of any claim of estoppel, what law governs the situation? Stated broadly, the question is this: Is the law determined by the constitution of the state of West Virginia, or by the will of the incorporators of the corporation? First, what is the paramount law of that state on the .question? If the constitution declares the law, then it would follow that no other expression with regard to the matter in issue can have serious consideration. The…
2Cases cited18 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Scovill v. ThayerSupreme Court of the United States · 1882
- Sawyer v. HoagSupreme Court of the United States · 1873
- Handley v. StutzSupreme Court of the United States · 1891
- Hospes v. Northwestern Manuf'g & Car Co.Supreme Court of Minnesota · 1892
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