Kleinschmidt v. American Mining Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clarh County; J. M. Clements, Judge. Action by Ellen Kleinschmidt and others, minority stockholders, brought in behalf of the corporation, American Mining Company, Limited, against R. H. Kleinschmidt and others. From a decree for plaintiffs and an order denying them a new trial, defendants appeal. Statement op the Case by the Justice Delivering the Opinion.
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Appeal from District Court, Lewis and Clarh County; J. M. Clements, Judge. Action by Ellen Kleinschmidt and others, minority stockholders, brought in behalf of the corporation, American Mining Company, Limited, against R. H. Kleinschmidt and others. From a decree for plaintiffs and an order denying them a new trial, defendants appeal. Statement op the Case by the Justice Delivering the Opinion. The plaintiffs, who are minority stockholders of the defendant, the American Mining Company, Limited (hereinafter referred to as the company), brought this action to compel defendant R. H.…
1Opinion of the CourtChief Justice Brantly
While not questioning, but acquiescing in, the propriety of that portion of the decree which awards relief to Ellen Kleinsehmidt requiring the transfer to her of the Mady and Hoag certificates, the defendants contend that the complaint does not state facts sufficient to warrant any relief in other respects. It is said that it is defective in failing to allege facts showing that the plaintiffs had exhausted their remedy within the corporation, and that it must therefore follow that this action cannot be maintained. The relief sought is not against the corporation, but against the individual…
2Cases cited23 opinions
- Butts v. . WoodNew York Court of Appeals · 1867
- Forrester v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1898
- New York & New Haven Railroad v. KetchumSupreme Court of Connecticut · 1858
- City of Danville v. Danville Water Co.Illinois Supreme Court · 1899
- Bassett v. FairchildCalifornia Supreme Court · 1901
18 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hanson Sheep Co. v. Farmers & Traders' State BankMontana Supreme Court · 1917
- Mayger v. St. Louis Mining & Milling Co.Montana Supreme Court · 1923
- Hanrahan v. AndersenMontana Supreme Court · 1939
- Golden Rod Mining Co. v. BukvichMontana Supreme Court · 1939
- Deschamps v. LoiselleMontana Supreme Court · 1915
13 more not listed; retrieve them via the Exa API.