Legal Opinion

Aultman v. Waddle

Supreme Court of Kansas

Decided July 15, 1888PublishedCited by 14 opinions

Error from Franklin District Court. ActioN by F. A. Waddle to enforce the individual liability of the defendants as stockholders of the Pomona Creamery Company.

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Error from Franklin District Court. ActioN by F. A. Waddle to enforce the individual liability of the defendants as stockholders of the Pomona Creamery Company. At the April term, 1887, the trial was had without a jury, and the court at the request of the parties made the following findings of fact and conclusions of law: “1. On October 24,1883, the several defendants in this action, together with several other citizens of this county, signed a written contract or proposition with John W. Hall & Co., whereby said Hall & Co. proposed to erect and put in operation a creamery, at Pomona, of a…

1Opinion of the Court

The opinion of the court was delivered by

JoHNSTON, J.:

The plaintiffs in error present two questions —one, that the findings of the court fail to support its judg*200ment; and the other, that the contract between the creditors of the Pomona creamery company and F. A. Waddle is ch’am-pertous.

The only criticism made upon the findings is where the court states that the second charter filed was intended as an amended one, and not to be the charter of a new corporation. Two charters were filed by the company — one when it was organized, in January, 1884, and one in June, 1885. In the first charter…

2Cases cited8 opinions

  1. Wright v. TebbittsSupreme Court of the United States · 1876
  2. Duke v. HarperSupreme Court of Missouri · 1877
  3. Allard v. LamirandeWisconsin Supreme Court · 1872
  4. Knadler v. SharpSupreme Court of Iowa · 1873
  5. Moses v. Bagley & SewellSupreme Court of Georgia · 1875

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3Cited by14 opinions

  1. Omaha & Republican Valley Railway Co. v. BradyNebraska Supreme Court · 1894
  2. Doggett v. DoggettSupreme Court of Oklahoma · 1921
  3. Casserleigh v. WoodCourt of Appeals for the Eighth Circuit · 1902
  4. Merchants' Protective Ass'n v. JacobsenIdaho Supreme Court · 1912
  5. Kansas City Elevated Railway Co. v. ServiceSupreme Court of Kansas · 1908

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