Schuster Bros. v. Davis Bros.
Supreme Court of Iowa
Appeal from Mahasha District Court. — Henry Silwold, Judge. Creditors of the defendant corporation prayed that certain real estate, standing in the individual name of Jenkin E.'Davis and John W. Davis, be subjected to the payment of corporate debts.' The trial court granted this prayer,, and, in addition, entered personal judgment against said two individuals for the amount of said corporate debt, and against defendant Evans, on the theory that he was a subscriber to stock…
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Appeal from Mahasha District Court. — Henry Silwold, Judge. Creditors of the defendant corporation prayed that certain real estate, standing in the individual name of Jenkin E.'Davis and John W. Davis, be subjected to the payment of corporate debts.' The trial court granted this prayer,, and, in addition, entered personal judgment against said two individuals for the amount of said corporate debt, and against defendant Evans, on the theory that he was a subscriber to stock of said corporation for which he had not paid, for the par value of such stock. Defendants appeal.
1Opinion of the CourtSalinger, J.
‘ absence of prayer. I. The plaintiffs obtained judgment against the defendant Davis Brothers, Incorporated. For the purposes of the point now under consideration, it suffices to say that the petition alleges: First, that the defendants Jenkin E. Davis and John W. Davis conspired together for the purpose of fraudulently taking title to described real property in their own names; that their purpose was to place said property beyond the reach of any creditors of the corporation; and that it was part of the conspiracy to pay for the property with funds belonging to the corporation; that they had…
2Cases cited10 opinions
- Bottorff v. LewisSupreme Court of Iowa · 1903
- District Township of Eureka v. Farmers' BankSupreme Court of Iowa · 1893
- Marder, Luse & Co. v. WrightSupreme Court of Iowa · 1886
- Stokes v. SpragueSupreme Court of Iowa · 1899
- Tice v. DerbySupreme Court of Iowa · 1882
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3Cited by10 opinions
- Bennett v. GreenwaltSupreme Court of Iowa · 1939
- Manassa v. GarlandSupreme Court of Iowa · 1925
- Fidelity & Casualty Co. v. Bank of PlymouthSupreme Court of Iowa · 1931
- Long v. WilsonSupreme Court of Iowa · 1919
- Dereus v. DereusSupreme Court of Iowa · 1931
5 more not listed; retrieve them via the Exa API.