Irvine v. Putnam
U.S. Circuit Court for the District of Southern California
At Law. On demurrer to complaint. The complaint is as follows (omitting formal parts): Comes now the above-named plaintiff, and, for cause of action against the defendant, alleges: (1) That on the 22d day of August, A. I). 1895, the Columbus, Sandusky & Hocking Railroad Company was duly incorporated under the laws of the state of Ohio; that ever since said date said corporation has been, and now is, a body corporate, organized, created, and existing under and by virtue of…
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At Law. On demurrer to complaint. The complaint is as follows (omitting formal parts): Comes now the above-named plaintiff, and, for cause of action against the defendant, alleges: (1) That on the 22d day of August, A. I). 1895, the Columbus, Sandusky & Hocking Railroad Company was duly incorporated under the laws of the state of Ohio; that ever since said date said corporation has been, and now is, a body corporate, organized, created, and existing under and by virtue of the Constitution and laws of the state of Ohio; that said corporation is now, and at all times since its incorporation has…
1Opinion of the Court
Conclusions of the Court on Demurrer to Complaint.
WELLBORN, District Judge.
Defendant’s contention that the doctrine of representation does not apply .to this case, because, under the decisions of the Supreme Court of Ohio, the individual, or, as otherwise called, superadded liability of the stockholder, is not an asset of the corporation, -but a security provided by law for the exclusive benefit of creditors, over which the corporate authorities have no control, and which contention is the groundwork of defendant’s argument in support of his demurrer, it seems to me, is disposed of by the…
2Cases cited5 opinions
- Hawkins v. GlennSupreme Court of the United States · 1889
- Bernheimer v. ConverseSupreme Court of the United States · 1907
- Great Western Telegraph Co. v. PurdySupreme Court of the United States · 1896
- Goss v. CarterCourt of Appeals for the Fifth Circuit · 1907
- McElroy v. MastersonCourt of Appeals for the Eighth Circuit · 1907
3Cited by5 opinions
- Irvine v. ElliottDistrict Court, D. Delaware · 1913
- Irvine v. BankardU.S. Circuit Court for the District of Maryland · 1910
- Irvine v. BakerDistrict Court, S.D. New York · 1915
- Irvine v. PutnamU.S. Circuit Court for the District of Southern New York · 1911
- Mottinger v. HendricksDistrict Court, N.D. New York · 1913