Legal Opinion

Breeze v. Lone Pine-Surprise Consolidated Mining Co.

Washington Supreme Court

Decided August 18, 1905No. 5591PublishedCited by 1 opinion

Appeal from a judgment of the superior court for Spokane county, Kennan, J., entered September 17, 1904, upon overruling a demurrer to an affirmative answer, dismissing' an action brought by a stockholder to set aside a corporate sale of mining property.

1Opinion of the CourtRoot, J.

This action was brought by appellant to annul and set aside a transfer of mining property made, or assumed to have been made, by respondent, The Lone Pine-Surprise Consolidated Mining Company, a corporation, to the Pearl Consolidated Mining Company. The appointment of.a receiver for the former company was also asked. Lack of power in, and fraud on the part of, the trustees, are alleged as grounds affording such relief. To the complaint, respondents made an answer, consisting of certain admissions, *603a general denial of all fraudulent acts and purposes, and an affirmative defense. The latter was…

2Cases cited3 opinions

  1. Waterbury v. Merchants' Union Express Co.New York Supreme Court · 1867
  2. Pacific Supply Co. v. BrandWashington Supreme Court · 1893
  3. Beshoar v. ChappellColorado Court of Appeals · 1895

3Cited by1 opinion

  1. Donavan v. ShaheenNew York Supreme Court · 1962

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