Erickson, Livermore & Co. v. Nesmith
Supreme Court of New Hampshire
This is a bill in equity brought against the stockholders of a corporation called the Franklin Mills, designed to charge the defendants personally, on their individual liability, for the debt of the corporation due to the plaintiffs. There are several defendants, stockholders, some of whom are residents of this State, and appear by their attorneys of record.
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This is a bill in equity brought against the stockholders of a corporation called the Franklin Mills, designed to charge the defendants personally, on their individual liability, for the debt of the corporation due to the plaintiffs. There are several defendants, stockholders, some of whom are residents of this State, and appear by their attorneys of record. Others are residents of other States, upon whom service of the bill and the orders of court have been made, who do not appear, and as to whom the bill has been taken pro confesso. Some of the defendants, both within and without the State,…
1Opinion of the Court
Sargent, J.*
Upon this case as stated certain questions are raised. All the preliminary proceedings are passed over without question. We are to assume that the corporation in this case has so conducted its business as to make its stockholders liable, under the provisions of our statute, for the payment of the corporate debts, and that this plaintiff has taken all the preliminary steps required by the statute against the corporation, in order to entitle him to bring his suit against the individual stockholders.
The Revised Statutes, chap. 146, sec. 2, Comp. Stat. 313, provide that "proper…
2Cases cited12 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Mallow v. HindeSupreme Court of the United States · 1827
- Allen v. SewallNew York Supreme Court · 1829
- Harger v. McCulloughNew York Supreme Court · 1846
- Vose v. GrantMassachusetts Supreme Judicial Court · 1819
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