Beyer v. North American Coal Co.
North Dakota Supreme Court
Appeal from the District Court of Stark County, Crawford, J. Plaintiff appeals from an order amending the judgment. All the equities in this litigation are with Mr. Beyer. The stockholders referred to here have never attempted to assist in any manner in protecting the property. They are in .pari delicto with the North American Coal & Mining Company officers, Tappen, and the Investors Syndicate. In other words they are wrongdoers.
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Appeal from the District Court of Stark County, Crawford, J. Plaintiff appeals from an order amending the judgment. All the equities in this litigation are with Mr. Beyer. The stockholders referred to here have never attempted to assist in any manner in protecting the property. They are in .pari delicto with the North American Coal & Mining Company officers, Tappen, and the Investors Syndicate. In other words they are wrongdoers. If they have not ■directly aided, they have remained silent in most of this litigation, •occasionally dropping out of the litigation as it suited their taste. The…
1Opinion of the Court
Christianson, Ch. J.
The plaintiff is a minority stockholder in the defendant the North American Coal & Mining Company. He has conducted much litigation to protect his right as such, and to prevent the assets of the corporation from being dissipated. He brought the present action for the purpose of recovering the moneys expended by him in conducting such litigation and in preserving the assets of the company. The sufficiency of the complaint was challenged by a demurrer, and on a former appeal this court held that it stated a cause of action. 37 N. D. 319, 163 N. W. 1061. In the complaint the…
2Cases cited2 opinions
- Dibble v. HansonNorth Dakota Supreme Court · 1907
- Beyer v. North American Coal & Mining Co.North Dakota Supreme Court · 1917
3Cited by3 opinions
- Beyer v. Investor's SyndicateNorth Dakota Supreme Court · 1921
- Klinefelter v. AndersonNorth Dakota Supreme Court · 1930
- Klinefelter v. AndersonNorth Dakota Supreme Court · 1930