Hawkins v. Citizens' Investment Co.
Oregon Supreme Court
From Multnomah: John B. Clelanl, Judge. This is a suit by D. R. Hawkins, a judgment creditor of the Citizens’ Investment Company, an insolvent corporation, to reach and subject to the payment of his judgment unpaid balances on the shares of the capital stock of the company subscribed for by Geo. S. Clark, A. S. Nichols, C. L. Nichols, and W. A. Gordon.
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From Multnomah: John B. Clelanl, Judge. This is a suit by D. R. Hawkins, a judgment creditor of the Citizens’ Investment Company, an insolvent corporation, to reach and subject to the payment of his judgment unpaid balances on the shares of the capital stock of the company subscribed for by Geo. S. Clark, A. S. Nichols, C. L. Nichols, and W. A. Gordon. The complaint, after alleging the organization of the company, the loan of $6,000 to it by L. L. Hawkins on September 19, 1891, and the execution of its note therefor on May 1, 1893, the loan of $3,500 to it by E. A. King, and the execution of…
1Opinion of the CourtChief Justice Bean
1. The contention is made for the defendants that L. L. Hawkins and E. A. King, and not the plaintiff, are the real parties in this litigation; but the judgment in plaintiff’s favor and against the corporation is conclusive on this point. When a judgment is rendered against a corporation, it establishes the matter in litigation and the liability of the corporation to pay the debt; and this judgment is conclusive, in the absence of fraud, in a suit by the judgment creditor to enforce his remedy against the stockholders: i Cook, Corp. (4 ed.), § 209; 3 Thompson, Corp., § 3392; 2 Morawetz, Priv.…
2Cases cited11 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Richmond v. IronsSupreme Court of the United States · 1887
- Whitney v. ButlerSupreme Court of the United States · 1886
- Goddard v. OrdwaySupreme Court of the United States · 1877
- Gould v. . Town of OneontaNew York Court of Appeals · 1877
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3Cited by6 opinions
- Sargent v. American Bank & Trust Co.Oregon Supreme Court · 1916
- Hawkins v. DonnerbergOregon Supreme Court · 1901
- Atwell v. SchmittOregon Supreme Court · 1924
- New York Alaska Gold Dredging Co. v. WalbridgeCourt of Appeals for the Ninth Circuit · 1930
- Eastern States Agricultural & Industrial Exposition, Inc. v. Estate of VailSupreme Court of Vermont · 1923
1 more not listed; retrieve them via the Exa API.