Osgood & Moss v. King
Supreme Court of Iowa
Appeal from, Wapello Circuit Court. The plaintiffs filed their petition alleging that, as a co-partnership, on the 10th day of March, 1874, they obtained a judgment for one thousand and twenty-one dollars against the National Coal and Mining Company, and caused execution to be issued thereon on the 7th day of October, 1874; that the sheriff, not finding any property belonging to said National Coal and Mining Company on which to levy, requested C. C. Blake, last acting…
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Appeal from, Wapello Circuit Court. The plaintiffs filed their petition alleging that, as a co-partnership, on the 10th day of March, 1874, they obtained a judgment for one thousand and twenty-one dollars against the National Coal and Mining Company, and caused execution to be issued thereon on the 7th day of October, 1874; that the sheriff, not finding any property belonging to said National Coal and Mining Company on which to levy, requested C. C. Blake, last acting president of said company, to point out property belonging to said company on which said execution could be levied, and Blake…
1Opinion of the CourtDay, J.
I. This action is brought, under section 1084 of the Code, to charge a stockholder with the payment of a judgment rendered for a corporate debt. Section 1082 of the Code, which is substantially the same as section 1172 of the Revision, is as follows:
“Neither anything in this chapter contained, nor any provisions in the articles of incorporation, shall exempt the stockholders from individual liability to the amount of the unpaid installments of the stock owned by them, or transferred by them for the purpose of defrauding creditors, and execution against the company may, to that extent, be…
2Cases cited2 opinions
- Sawyer v. HoagSupreme Court of the United States · 1873
- Burnham & Van Shaick v. N. W. Ins.Supreme Court of Iowa · 1873
3Cited by32 opinions
- McNulta v. Corn Belt BankIllinois Supreme Court · 1896
- Van Cleve v. BerkeySupreme Court of Missouri · 1898
- Shickle v. WattsSupreme Court of Missouri · 1887
- Coleman v. HoweIllinois Supreme Court · 1895
- Elyton Land Co. v. Birmingham Warehouse & Elevator Co.Supreme Court of Alabama · 1890
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