Legal Opinion

Kilton, Warren & Co. v. Providence Tool Co.

Supreme Court of Rhode Island

Decided April 26, 1901PublishedCited by 1 opinion

Bill in Equity brought by Charles H. Warren and Edgar ’V. Salisbury, both of Providence, R. I., as surviving partners of the firm of Kilton, Warren & Company, formerly •consisting of said Warren and Salisbury, and John B. Kilton, late of said Providence, deceased, against the Providence 'Tool Company and its several members and stockholders and their representatives to enforce the liability of such stockholders to pay the debts of said Providence Tool Company imposed by…

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Bill in Equity brought by Charles H. Warren and Edgar ’V. Salisbury, both of Providence, R. I., as surviving partners of the firm of Kilton, Warren & Company, formerly •consisting of said Warren and Salisbury, and John B. Kilton, late of said Providence, deceased, against the Providence 'Tool Company and its several members and stockholders and their representatives to enforce the liability of such stockholders to pay the debts of said Providence Tool Company imposed by sections 1, 2, and 9 of the act in relation to manufacturing corporations, passed at the June session of the General…

1Opinion of the CourtDouglas, J.

The complainants are judgment creditors of the Providence Tool Company, and, having issued an execution against said.company, which has been returned “ nulla bona,” bring this bill, alleging that the defendants were stockholders of the tool company at the time when the complainants’ debts were contracted ; that the company never made any return of its organization or any return of its standing, as required by its charter and the statute to which its charter is made subject; and that, therefore, the defendants are jointly and severally liable to satisfy the judgment against the company.

An…

2Cases cited23 opinions

  1. Huntington v. AttrillSupreme Court of the United States · 1892
  2. Bell v. MorrisonSupreme Court of the United States · 1828
  3. The AntelopeSupreme Court of the United States · 1825
  4. United States v. ReisingerSupreme Court of the United States · 1888
  5. Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822

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3Cited by1 opinion

  1. Winkle v. ScottCourt of Appeals for the Eighth Circuit · 1938

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