Legal Opinion

Northwestern Improvement & Boom Co. v. O'Brien

Supreme Court of Minnesota

Decided January 24, 1899No. Nos. 11,460—(253)PublishedCited by 4 opinions

Action'in the district court for Ramsey county to recover $8,700 as tolls for the use of certain improvements upon Kettle river, whereby the driving, during the years 1892, 1893 and 1894, of defendant’s logs was alleged to have been facilitated. From an order, O. B. Lewis, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed. The general proposition as to the right of a corporation to do incidental business is fairly well established by the courts.

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Action'in the district court for Ramsey county to recover $8,700 as tolls for the use of certain improvements upon Kettle river, whereby the driving, during the years 1892, 1893 and 1894, of defendant’s logs was alleged to have been facilitated. From an order, O. B. Lewis, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed. The general proposition as to the right of a corporation to do incidental business is fairly well established by the courts. Smith v. Library Board,' 58 Minn. 108; Cowling v. Zenith Iron Co., 65 Minn. 263; Central Trust Co. v. Columbus, H. V. & T. Ry.…

1Opinion of the CourtCanty, J.

This is an appeal from an order sustaining a demurrer to the complaint on the ground that it does not state' a cause of action. The complaint alleges: That during the times therein stated plaintiff was, and still is, a corporation organized

“For the purpose of improving the navigation of Kettle river for logs, lumber and timber from the north line of section twenty-six, in township forty-eight north, of range twenty west, to the mouth of said river, and a like improvement of Pine river, one of the tributaries of said Kettle river, from its source to the mouth thereof, including the building of…

2Cases cited1 opinion

  1. Bangor Boom Corp. v. WhitingSupreme Judicial Court of Maine · 1848

3Cited by4 opinions

  1. Pioneer Packing Co. v. WinslowWashington Supreme Court · 1930
  2. United States v. ONE DODGE COUPE, ETC.District Court, S.D. New York · 1942
  3. International Boom Co. v. Rainy Lake River Boom Corp.Supreme Court of Minnesota · 1906
  4. People v. One 1952 Mercury 2-Door SedanCalifornia Court of Appeal · 1959

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