Von Horst v. American Hop & Barley Co.
District Court, N.D. California
In Equity. Suit by Louis Von Horst against the American Hop & Barley Company, Central Trust Company of California, j. Murray Earsman, and A. B. Parker. On demurrer to bill. This is a bill in equity to declare illegal and void and restrain the enforcement of an assessment by a corporation of its capital stock. The defendants have demurred to the bill for want of facts to warrant the .equitable interference of the court.
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In Equity. Suit by Louis Von Horst against the American Hop & Barley Company, Central Trust Company of California, j. Murray Earsman, and A. B. Parker. On demurrer to bill. This is a bill in equity to declare illegal and void and restrain the enforcement of an assessment by a corporation of its capital stock. The defendants have demurred to the bill for want of facts to warrant the .equitable interference of the court. The bill alleges, in substance, that complainant is the owner of 189.910 shares out of a total of 190,000 shares outstanding of the capital stock of the defendant American Hop…
1Opinion of the CourtVan Fleet, District Judge
(after stating the facts as above). The demurrer gives rise to two questions: First, whether under the law of this state the capital stock of a corporation, the par value of which has been fully paid up, is thereafter subject to assessment by the corporation for the payment of its obligations; second, if it is so *979subject, whether 'the assessment here in question was so vitiated by fraud in its purpose and procurement as to entitle complainant to have it set aside.
1. As to the first question I feel justified in saying that so far as this court is concerned the inquiry is concluded and set at…
2Cases cited5 opinions
- Vermont Marble Co. v. Declez Granite Co.California Supreme Court · 1902
- Santa Cruz Railroad v. SprecklesCalifornia Supreme Court · 1884
- Sullivan v. Triunfo Gold & Silver Mining Co.California Supreme Court · 1870
- Turner v. Fidelity Loan ConcernCalifornia Court of Appeal · 1905
- Green v. Abietine Medical Co.California Supreme Court · 1892
3Cited by5 opinions
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- Smith v. Chase & Baker Piano Mfg. Co.District Court, E.D. Michigan · 1912
- Glenn v. California Trona Co.California Court of Appeal · 1918
- More v. Courier-NewsNorth Dakota Supreme Court · 1915
- Phœnix-Buttes Gold Mining Co. v. WinsteadDistrict Court, N.D. California · 1914