Dietrich v. Copeland Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. John M. Flynn, Judge. Action to recover on certain promissory notes executed by a corporation. Judgment for defendants.
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APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. John M. Flynn, Judge. Action to recover on certain promissory notes executed by a corporation. Judgment for defendants. Clark and Marshall on Private Corporations, vol. 3, p. 2672, lays down the rule that when a statute imposes a personal liability upon the officers of a corporation for its debts, which is penal in its nature, that the statute commences to run as soon as the act is committed, giving rise to the liability. Where the liability imposed, however, is contractual or quasi-eontractual, it will be…
1Opinion of the Court
SULLIVAN, C. J.-
This action was brought to recover judgment on thirteen certain promissory notes executed by the Copeland Lumber Company, a corporation, upon four causes of action. The defendants D. TI. Chisholm and Isabella Chisholm, Ms wife, were joined as defendants, and the plaintiff sought to enforce against them the statutory liability provided by sec. 2792, Rev. Codes, on the ground that they had acted as officers, president and secretary, of said corporation, in the execution of said notes, which corporation being a Washington corporation, had not complied with the laws of the state…
2Cases cited1 opinion
- Rogers v. BonnettSupreme Court of Oklahoma · 1894
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- State v. Ada County Dairymen's Ass'nIdaho Supreme Court · 1945
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