Legal Opinion

Murray v. Beal

Utah Supreme Court

Decided June 15, 1901PublishedCited by 9 opinions

Appeal from District Court, Seventh District. — Hon. Jacob Johnson, Judge. Action by M. E. Murray, as trustee in bankruptcy of tbe Golden Rule Cask Store, against Henry Beal. From a judgment in favor of defendant, plaintiff appeals. The Golden Rule Cash Store of Ephraim City, Utah, was incorporated and doing business under the laws of the State of Utah in 1898. A board of directors was duly elected and qualified as such.

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Appeal from District Court, Seventh District. — Hon. Jacob Johnson, Judge. Action by M. E. Murray, as trustee in bankruptcy of tbe Golden Rule Cask Store, against Henry Beal. From a judgment in favor of defendant, plaintiff appeals. The Golden Rule Cash Store of Ephraim City, Utah, was incorporated and doing business under the laws of the State of Utah in 1898. A board of directors was duly elected and qualified as such. Such board selected from their number, and elected the following officers: Ivan J. Olsen, Jr., president, Neils Mortensen, Jr.,' vice-president, and T. W. Hansen, secretary…

1Opinion of the Court

MINEE, O. J.

(after stating the facts). — 1. The appellant claims that the deed of conveyance by the corporation to Beal to secure the payment of the borrowed money was void, because not authorized by resolution in a meeting of the board; that the corporation did not borrow or authorize the board to borrow it, or ratify their acts; that the certificate of acknowledgment thereto was not made and sworn to in compliance with section 1989, Eevised Statutes 1898; that the deed was not filed for record until within thirty days prior to the filing of the petition in bankruptcy, and that the corporate…

2Cases cited16 opinions

  1. McCracken v. City of San FranciscoCalifornia Supreme Court · 1860
  2. Sherman v. FitchMassachusetts Supreme Judicial Court · 1867
  3. Hunter v. WatsonCalifornia Supreme Court · 1859
  4. Wood v. WhelenIllinois Supreme Court · 1879
  5. Gray v. UlrichSupreme Court of Kansas · 1871

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3Cited by9 opinions

  1. McMillan v. AikenSupreme Court of Alabama · 1920
  2. McCartney v. Clover Valley Land & Stock Co.Court of Appeals for the Eighth Circuit · 1916
  3. In re Farmers' Supply Co.District Court, S.D. Ohio · 1909
  4. First National Bank v. GunhusSupreme Court of Iowa · 1907
  5. Uline Loan Co. v. Standard Oil Co.South Dakota Supreme Court · 1921

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