Clarke v. Cold Spring Opera House Co.
Supreme Court of Minnesota
Appeal by plaintiff, Nehemiah P. Clarke, from an order of the District Court of Stearns County, L. L. Baxter, J., made February 24, 1894, denying his motion for a new trial. On May 13, 1885, the Cold Spring Opera House Company was a corporation created under 1878 G. S. ch. 34, title 2, and having its placp of business at Cold Spring. Its capital stock was $2,000 divided into eighty shares of $25 each.
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Appeal by plaintiff, Nehemiah P. Clarke, from an order of the District Court of Stearns County, L. L. Baxter, J., made February 24, 1894, denying his motion for a new trial. On May 13, 1885, the Cold Spring Opera House Company was a corporation created under 1878 G. S. ch. 34, title 2, and having its placp of business at Cold Spring. Its capital stock was $2,000 divided into eighty shares of $25 each. Only thirty-eight of the shares were ever subscribed for or taken, but these were fully paid. Between that date and July 29, 1885, the plaintiff sold and delivered lumber to the corporation to…
1Opinion of the CourtGilpillan, C. J.
The record is not in condition to enable us to review the court’s finding as to how much stock was owned by each ■of the stockholder defendants. The stock book of the corporation was introduced in evidence. A portion of its contents is set forth in the settled casé, but whether all that related to the ownership of the stock does not appear. The portions of it not set forth may .'have contained evidence on the point. The case is within Acker Post No. 21, G. A. R., v. Carver, 23 Minn. 567.
The number of shares outstanding is found to be thirty-eight, at the par value of $2o per share; the number…
2Cases cited1 opinion
- Acker Post, No. 21 v. CarverSupreme Court of Minnesota · 1877
3Cited by6 opinions
- Harper v. CarrollSupreme Court of Minnesota · 1896
- Rehbein v. RahrWisconsin Supreme Court · 1901
- Sullivan v. FarnsworthTennessee Supreme Court · 1915
- Elkhart Nat. Bank v. Northwestern Guaranty Loan Co.Court of Appeals for the Third Circuit · 1898
- Nettersheim v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1894
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