Legal Opinion

Sherman v. Smith

Supreme Court of Iowa

Decided October 25, 1918PublishedCited by 21 opinions

Appeal from Calhoun District Court. — F. M. Powers, Judge. Judgment oil promissory notes went against defendant J. C. Smith, despite defense by him and his codefendants, his sureties, that no valid consideration supports the notes, and that they had been materially altered. From this judgment, no appeal has been taken. A further defense was that the notes were obtained by fraudulent representations. The sureties were released. Hence, plaintiff appeals.

1Opinion of the CourtSalinger, J.

1 Corporations • otiíer than3 ior money-The statute requires a permission from the executive council if it be proposed to issue stock shares for something other than cash. It attaches certain consedaence8 for so selling without Such permiss*01b an(l affixes a penalty where corporation officers make false certificates. Chapter 104, Section 4, Acts of the Thirty-third General Assembly (Section 1641-d, Code Supplement, 1913) ; Sections 1641-b, 1641-e, 1641-f, Code Supplement, 1913. Plaintiff filed a certificate which stated falsely that stock had been paid for in money.' No permission ivas had to…

2Cases cited10 opinions

  1. Toledo, St. L. & K. C. R. v. Continental Trust Co.Court of Appeals for the Sixth Circuit · 1899
  2. New York & Long Island Bridge Co. v. SmithNew York Court of Appeals · 1896
  3. Van Shaack v. RobbinsSupreme Court of Iowa · 1873
  4. Comstock v. GageIllinois Supreme Court · 1878
  5. Powers v. . ClarkeNew York Court of Appeals · 1891

5 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State Ex Rel. Weede v. Iowa Southern Utilities Co. of DelawareSupreme Court of Iowa · 1942
  2. Popejoy v. EastburnSupreme Court of Iowa · 1950
  3. Lex v. Selway Steel CorporationSupreme Court of Iowa · 1925
  4. Bankers Trust Co. v. RoodSupreme Court of Iowa · 1930
  5. Atchison, T. & S. F. Ry. C. v. A. B. C. Fireproof Warehouse Co.Court of Appeals for the Eighth Circuit · 1936

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