Wells, Fargo & Co. v. George M. Scott & Co.
Utah Supreme Court
Appeal from the District Court of Salt Lake County, Hon. Ogden Hiles, Judge. Action by plaintiff in attachment against defendant. From a judgment for defendant, plaintiff appeals. We contend that the assignment in this case was in violation of the statute of Utah and therefore void.
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Appeal from the District Court of Salt Lake County, Hon. Ogden Hiles, Judge. Action by plaintiff in attachment against defendant. From a judgment for defendant, plaintiff appeals. We contend that the assignment in this case was in violation of the statute of Utah and therefore void. Rev. St., Secs. 84, 87, 24G6 and 2474. A court under circumstances as in this case, looks behind the shadow of a corporation and deals with'the substance, and in such cases benefits, advantages and preferences secured or guaranteed by the assignment to a controlling agent or agency, are in direct violation of the…
1Opinion of the CourtZane, C. J.
The defendant, a corporation, dealing in hardware and mining machinery, in the City of Salt Lake, with a capital stock divided into 1,500 shares', of which George M. Scott owned 601 shares, and of which he was president and a director; James Glendinning 748 shares, vice president and a director; R. C. Chambers 100 shares, and a director; Joseph Galligher 50 shares, and a director, and W. S. Rumfield 1 share, and was secretary and a director, on the 29th day of January, 1898, assigned all its property to one Hugh Anderson, for the benefit of its creditors. The deed of assignment gave…
2Cases cited2 opinions
- Sanford Fork & Tool Co. v. Howe Brown & Co.Supreme Court of the United States · 1895
- Levering v. BimelIndiana Supreme Court · 1897
3Cited by4 opinions
- Kurtz v. Ogden Canyon Sanitarium Co.Utah Supreme Court · 1910
- National Bank of the Republic v. George M. Scott & Co.Utah Supreme Court · 1898
- Walker Bros. Bankers v. Eastern Motors Co.Utah Supreme Court · 1927
- Callahan v. Pioneer Nurseries Co.Utah Supreme Court · 1917