Miller v. Murray
Supreme Court of Colorado
Appeal from District Court of Ara/pahoe County. This action was brought by appellee as plaintiff below. In tbe complaint it is alleged, inter alia, that on and prior to May 30, 1887, he was the owner and controlled 330 shares of capital stock of The Denver Fire Brick Co. This company was organized in 1880 under the laws of the state of Colorado by the plaintiff Murray, and the defendants, Schwartz and Lynn, and one W. J. Shiek.
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Appeal from District Court of Ara/pahoe County. This action was brought by appellee as plaintiff below. In tbe complaint it is alleged, inter alia, that on and prior to May 30, 1887, he was the owner and controlled 330 shares of capital stock of The Denver Fire Brick Co. This company was organized in 1880 under the laws of the state of Colorado by the plaintiff Murray, and the defendants, Schwartz and Lynn, and one W. J. Shiek. The business of the organization was to manufacture fire brick and like products. The par value of the capital stock of the company was fixed at $100,000, of which…
1Opinion of the CourtChief Justice Hayt
It is doubtful if the allegations of the complaint are sufficient to give the plaintiff, a stockholder, a sufficient status to maintain this action. It is clear that the proof does not.
The interests of a stockholder are dependent and indirect, the title to its property, both real and personal, is in the corporate entity. The courts will not, as a general rule, at the suit of a stockholder, interfere with the internal management of a corporation. To maintain such a suit the stockholder must be able to show that otherwise there will be a failure of justice. This has heen decided in one form or…
2Cases cited3 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Boyd v. SimsTennessee Supreme Court · 1889
- Rathbone v. Gas Co.West Virginia Supreme Court · 1888
3Cited by19 opinions
- Just v. Idaho Canal & Improvement Co.Idaho Supreme Court · 1909
- Morgan v. KingSupreme Court of Colorado · 1900
- Box v. RobertsSupreme Court of Colorado · 1944
- Horst v. TraudtSupreme Court of Colorado · 1908
- National Bank of Commerce in Denver v. AllenCourt of Appeals for the Eighth Circuit · 1898
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