Legal Opinion

Lyman v. Northern Pac. Elevator Co.

U.S. Circuit Court for the District of Minnesota

Decided August 29, 1894PublishedCited by 8 opinions

Action by David B. Lyman against the Northern Pacific Elevator Company. Thomas Oulliford, holder of a note executed by defendant, intervenes, claiming the right to be placed on the footing of a general creditor, and as such to be entitled to share in future dividends. Claim disallowed.

1Opinion of the Court

WILLIAMS, District Judge.

This cause has been heard upon a motion by the intervenor for judgment upon the petition of intervention and answer. The following facts appear:

On or about August 15, 3890, the Northern Pacific Elevator Company was a corporation created under and by virtue of the laws of the state of Minnesota, owning a line of elevators through the states of Minnesota, North Dakota, Idaho, Washington, and Oregon; and being in need of money to carry on its business, and owing a large amount »f money, the stockholders of the company made and entered into an agreement with each other…

2Cited by8 opinions

  1. Frank v. Butte & Boulder Mining & Lumber Co.Montana Supreme Court · 1913
  2. Gardiner v. Equitable Office Bldg. Corp.Court of Appeals for the Second Circuit · 1923
  3. Seattle Automobile Co. v. StimsonWashington Supreme Court · 1912
  4. Howard v. Hancock Oil Co.Court of Appeals for the Ninth Circuit · 1934
  5. Peaslee v. Gordon Falls Electric Co.Oregon Supreme Court · 1913

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