Legal Opinion

Just v. Idaho Canal & Improvement Co.

Idaho Supreme Court

Decided June 4, 1909PublishedCited by 45 opinions

APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. J. M. Stevens, Judge. Action by minority stockholders of the Taylor & Goshen Canal Company to collect a debt due their corporation from the Idaho Canal and Improvement Company, Ltd. Judgment for plaintiffs for use and benefit of Taylor & Goshen Company. Both defendant corporations appeal.

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APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. J. M. Stevens, Judge. Action by minority stockholders of the Taylor & Goshen Canal Company to collect a debt due their corporation from the Idaho Canal and Improvement Company, Ltd. Judgment for plaintiffs for use and benefit of Taylor & Goshen Company. Both defendant corporations appeal. In order for the complaint in this case to state a cause of action in favor of the plaintiffs as minority stockholders of the said corporation, it must allege, fully and accurately, the ultra vires acts, or the fraud…

1Opinion of the CourtAilshie, J.

This action was instituted by the plaintiffs, who held a minority of the stock of the Taylor & Goshen Canal Company, a corporation existing under the laws of this state. The action is prosecuted by such stockholders for the use and benefit of the corporation, and is for the collection of a sum alleged to be due the corporation on a contract entered into by and between the Taylor & Goshen Canal Company, and the Idaho Canal & Improvement Company, Ltd., a corporation, both of which corporations are joined as defendants. The purpose of this action is to collect for and on behalf of the Taylor &…

2Cases cited39 opinions

  1. Hawes v. OaklandSupreme Court of the United States · 1882
  2. Galliher v. CadwellSupreme Court of the United States · 1892
  3. Speidel v. HenriciSupreme Court of the United States · 1887
  4. Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
  5. Brinckerhoff v. . BostwickNew York Court of Appeals · 1882

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3Cited by45 opinions

  1. Zahn v. Transamerica CorporationCourt of Appeals for the Third Circuit · 1947
  2. Smith v. Faris-Kesl Construction Co.Idaho Supreme Court · 1915
  3. State v. CypherIdaho Supreme Court · 1968
  4. Pollitz v. . GouldNew York Court of Appeals · 1911
  5. Matthews v. Headley Chocolate Co.Court of Appeals of Maryland · 1917

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