Irvine v. McKeon
California Supreme Court
Appeal from the District Court, Sixteenth Judicial District, Calaveras County. The plaintiff, in this case, was a judgment creditor of the corporation.
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Appeal from the District Court, Sixteenth Judicial District, Calaveras County. The plaintiff, in this case, was a judgment creditor of the corporation. The corporation had not been dissolved before the commencement of this action, by any proceeding under the statute; but its property had all been sold under execution about two years before the commencement of this action, and from that time it had ceased to hold meetings, elect officers, or perform any act in its corporate capacity. The Court, in its opinion, has not found it necessary to pass upon the question of its dissolution; but as the…
1Opinion of the CourtCrocker, J.
This is an action brought by the plaintiff, as a creditor of a corporation called “ The Murray Creek Quartz Mining Company,” against the defendant as trustee of said company, on the ground that the debts of the company exceeded its capital stock actually paid in. The case was tried by a jury, who found for the defendant, and from the judgment rendered thereon the plaintiff appeals.
This action is founded upon Sec. 14 of the general Corporation Law of April 22d, 1850 (Wood’s Dig. 116), which is as follows: “ The total amount of the debts which any incorporate company shall owe, shall not at any…
2Cited by19 opinions
- Steam-Engine Co. v. HubbardSupreme Court of the United States · 1879
- Moss v. SmithCalifornia Supreme Court · 1916
- Continental Supply Co. v. AbellMontana Supreme Court · 1933
- Continental Oil Co. v. Montana Concrete Co.Montana Supreme Court · 1922
- Savage v. ShawMassachusetts Supreme Judicial Court · 1907
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