Legal Opinion

First National Bank v. Winona Plow Co.

Supreme Court of Minnesota

Decided July 11, 1894No. Nos. 8876, 8878PublishedCited by 19 opinions

Appeal by Ozro B. G-ould, one of tlie defendants, from a judgment of the District Court of Winona County, Charles M. Start, J., entered January 23, 1894, against liim upon liis liability as a stockholder in the Winona Plow Company. Appeal also by Nicholas C. A. Munck, another stockholder from the same judgment.

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Appeal by Ozro B. G-ould, one of tlie defendants, from a judgment of the District Court of Winona County, Charles M. Start, J., entered January 23, 1894, against liim upon liis liability as a stockholder in the Winona Plow Company. Appeal also by Nicholas C. A. Munck, another stockholder from the same judgment. The Winona Plow Company was incorporated in 1882 under 1878 (J. S., ch. 34, title 2, to manufacture, purchase and repair plows, cultivators and other agricultural implements at Winona and to sell the same. Its capital stock was $100,000 divided into 2,000 shares of $50 each, and was…

1Opinion of the CourtCanty, J.

This is an action brought under 1878 G. S. ch. 76, by plaintiff in behalf of itself and all other creditors, to sequester the property and effects of the defendant the Winona Blow Company, and apply the same to the payment of its debts, and also to enforce the constitutional liability of its stockholders for the purpose of paying any balance of indebtedness existing after exhausting such corporate assets. After all the corporate assets were thus applied, *172final judgment was entered against the appellants N. C. A. Munck and O. B. Grould and others, stockholders in the defendant corporation, for…

2Cases cited4 opinions

  1. Arthur v. WilliusSupreme Court of Minnesota · 1890
  2. Mohr v. Minnesota Elevator Co.Supreme Court of Minnesota · 1889
  3. Densmore v. ShepardSupreme Court of Minnesota · 1891
  4. Gebhard v. EastmanSupreme Court of Minnesota · 1862

3Cited by19 opinions

  1. Harper v. CarrollSupreme Court of Minnesota · 1896
  2. State v. Mortgage Security Co. of Minnesota, Inc.Supreme Court of Minnesota · 1923
  3. Converse v. AyerMassachusetts Supreme Judicial Court · 1908
  4. Hastings Malting Co. v. Iron Range Brewing Co.Supreme Court of Minnesota · 1896
  5. Oswald v. St. Paul Globe Publishing Co.Supreme Court of Minnesota · 1895

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