Willis v. Mabon
Supreme Court of Minnesota
Appeal by defendant E. L. Mabon from an order of the district court, Ramsey county, Brill, J., made January 6, 1891, sustaining plaintiff’s demurrer to his answer.
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Appeal by defendant E. L. Mabon from an order of the district court, Ramsey county, Brill, J., made January 6, 1891, sustaining plaintiff’s demurrer to his answer. The St. Paul Sanitation Company, a trading or business corporation, created under 1878 G. S. eh. 34, § 109, was on July 17, 1889, on petition of creditors, adjudged insolvent, and a receiver of its property appointed, pursuant to Laws 1881, ch. 148, as amended by Laws 1889, ch. 30. The receiver converted its assets into money, and paid a dividend to those of its creditors who proved their claims and filed releases. The plaintiff…
1Opinion of the Court
^/Mitchell, J.
1. This was an action brought by a creditor of an insolvent corporation to recover from certain of its' stockholders on their individual liability for the corporate debts, under what is commonly called “the double liability clause” of the constitution, which provides that “each stockholder in any corporation (excepting those organized for the purpose of carrying on any kind of manufacturing or mechanical business) shall be liable to the amount of stock held or owned by him.” Article ten, (10) section three, (3.) The prin*148cipal question in the case is whether this provision of the…
2Cases cited19 opinions
- Groves v. SlaughterSupreme Court of the United States · 1841
- Thomas v. OwensCourt of Appeals of Maryland · 1853
- Miller v. MarxSupreme Court of Alabama · 1876
- State ex rel. Clapp v. Minnesota Thresher Manufacturing Co.Supreme Court of Minnesota · 1889
- City of Winona v. School-District, No. 82Supreme Court of Minnesota · 1889
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3Cited by108 opinions
- Smith v. HiginbothomCourt of Appeals of Maryland · 1946
- Harrison v. Remington Paper Co.Court of Appeals for the Eighth Circuit · 1905
- In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
- Winters v. City of DuluthSupreme Court of Minnesota · 1901
- State v. KyleSupreme Court of Missouri · 1901
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