Eberts Cadillac Co. v. Miller

This action was brought to recover for purchases made by a corporation during a time when it was in default in filing its annual report. In the declaration, the defendants were alleged to have been officers of the corporation at the time and therefore subject to personal liability. Plaintiff herein commenced the instant action on May 21, 1962, based on failure of defendants to file an annual report due May 15, 1960. Defendants moved to dismiss because of the 2-year statute of limitations provided in the act. Upon denial of the motion to dismiss, the defendants appealed to the Supreme Court…