Kimball v. Success Mining Co.
Utah Supreme Court
Appeal from District Court, Third District. — Hon. O. W. Morse, Judge. Action by M. Kimball against the Success Mining Company and others. Judgment dismissing complaint. Plaintiff appeals. APPELLANT'S POINTS.
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Appeal from District Court, Third District. — Hon. O. W. Morse, Judge. Action by M. Kimball against the Success Mining Company and others. Judgment dismissing complaint. Plaintiff appeals. APPELLANT'S POINTS. It is the duty of every corporation to use reasonable diligence in each case to ascertain whether or not a transfer of stock requested is duly authorized by the former owner, to make transfers so1 authorized, and to prevent those unauthorized; and for every breach of this duty it is liable to the injured party for the damage it inflicts. (Geyser-Morion Gold Min. Go. v. Stark, 106 Fed.…
1Opinion of the Court
MoOÁRTY, J.
This is a suit in equity in which plaintiff seeks to be adjudged the owner of, and entitled to have issued to him, 1,060 shares of the capital stock of the Colorado Mining Company, a corporation organized under the laws of this state. Service of summons was had on Jesse Knight and the Colorado Mining Company, each of whom filed an answer to plaintiff’s complaint. The other defendants were not served *82with process, nor did they appear in the action. A trial was had, and the court found in favor of the defendants Knight and the Colorado Company on the issues presented by the…
2Cases cited3 opinions
- Geyser-Marion Gold-Min. Co. v. StarkCourt of Appeals for the Eighth Circuit · 1901
- Mandlebaum v. North American Mining Co.Michigan Supreme Court · 1857
- Winter v. Montgomery Gas-Light Co.Supreme Court of Alabama · 1889
3Cited by5 opinions
- Clark v. ClarkNevada Supreme Court · 1920
- Weniger v. Success Mining Co.Court of Appeals for the Eighth Circuit · 1915
- Rand v. Hercules Powder Co.New York Supreme Court · 1927
- Walker Caldwell Producing Co. v. MenefeeCourt of Appeals of Texas · 1922
- Gledhill v. MaloufUtah Supreme Court · 1921