Hanson v. Davison
Supreme Court of Minnesota
Action in the district court for Hennepin county to enforce the double liability of defendant as a stockholder in the Citizen’s Bank. The cause was submitted to Elliott, J., on a stipulation of facts, and judgment was ordered in favor of defendant. From the judgment entered pursuant thereto, plaintiff appealed. The primary object of the statute in relation to the double liability of stockholders is the protection of the creditor.
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Action in the district court for Hennepin county to enforce the double liability of defendant as a stockholder in the Citizen’s Bank. The cause was submitted to Elliott, J., on a stipulation of facts, and judgment was ordered in favor of defendant. From the judgment entered pursuant thereto, plaintiff appealed. The primary object of the statute in relation to the double liability of stockholders is the protection of the creditor. Such being the case, why, after there has been an adjudication in the main case as to what creditors are entitled to share in funds collected, cannot the proceedings…
1Opinion of the Court
START, O. J.
This is an appeal by the plaintiff from the judgment herein in favor of the defendant. There is no settled case or bill of exceptions, and the assignments of error are to the effect that the findings of fact by the trial court do not sustain the judgment.
The facts so found may be summarized as follows:
The Citizens’ Bank (a banking corporation duly incorporated under the laws of this state) was insolvent on July 7, 1893, and on that day duly made an assignment in insolvency for the benefit of its creditors to Walter M. Carroll, as assignee, who accepted the trust, fully executed…
2Cases cited18 opinions
- Hawkins v. GlennSupreme Court of the United States · 1889
- Willis v. MabonSupreme Court of Minnesota · 1892
- First National Bank v. Gustin Minerva Consolidated Mining Co.Supreme Court of Minnesota · 1890
- Schrader v. Manufacturers' Nat. Bank of ChicagoSupreme Court of the United States · 1890
- Harper v. CarrollSupreme Court of Minnesota · 1896
13 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Straw & Ellsworth Manufacturing Co. v. L. D. Kilbourne Boot & Shoe Co.Supreme Court of Minnesota · 1900
- Eau Claire National Bank v. BensonWisconsin Supreme Court · 1900
- Badger v. HoidaleCourt of Appeals for the Eighth Circuit · 1937
- Finney v. GuyWisconsin Supreme Court · 1900
31 more not listed; retrieve them via the Exa API.