Blum v. Widdicomb
U.S. Circuit Court for the District of Western Michigan
This was an action brought to charge individually the directors of a corporation for a debt of the latter, grounded upon their failure to make proper annual reports to the secretary of state, as required by the statute of Michigan, which statute imposes a personal liability for such failure. On demurrer to declaration.
1Opinion of the Court
SEVERENS, District Judge.
I think the demurrer to the plaintiff’s declaration in this case must be overruled. The essential ground on which the demurrer rests is the proposition, contended for by counsel for the defendants, that section 12 of Act No. 232 *221of the Public Acts of Michigan for 1885, which was enacted to provide such a remedy as the plaintiffs are now pursuing, is penal in its character. Upon the assumption of this proposition it is further-contended: First, that the action, being for a penalty, should be brought in the name of the state, in accordance with the provisions of section…
2Cases cited1 opinion
- Bank of Saginaw v. PiersonMichigan Supreme Court · 1897
3Cited by2 opinions
- City & County of Denver v. School District No. 1Supreme Court of Colorado · 1934
- Wilson v. Union Tool Co.District Court, S.D. California · 1921