Legal Opinion

Mt. Carmel Tel. Co. v. Mt. Carmel & Flemingburg Tel. Co.

Court of Appeals of Kentucky

Decided January 13, 1905PublishedCited by 3 opinions

Case 56 — Action by the Mt. Cabmel Telephone Co. Against the Mt. Cabmel & Flemingsburg Telephone Co. to Determine the Rights oe the Parties as to the Ownership oe Certain Property. APPEAL FROM FLEMING CIRCUIT COURT — JAS'.-P. HARRESON, CIRCUIT JUDGE. Judgment for Defendant. Plaintiff Appeals.

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Case 56 — Action by the Mt. Cabmel Telephone Co. Against the Mt. Cabmel & Flemingsburg Telephone Co. to Determine the Rights oe the Parties as to the Ownership oe Certain Property. APPEAL FROM FLEMING CIRCUIT COURT — JAS'.-P. HARRESON, CIRCUIT JUDGE. Judgment for Defendant. Plaintiff Appeals. We submit that the facts on demurrer warrant the following premises: 1. That the parties acting together before incorporation were a partnership. 2. That the moment they ceased to be a partnership they became a corporation. 3. That as a partnership, or corporation, they at all times had the right to sue…

1Opinion of the Court

Opinion of the court by

JUDGE BARKER

Affirming.

Thirty-six' citizens of Fleming county, desiring to incorporate themselves into a telephone company, and to build and operate a telephone line between Mt. Carmel and Flemingsburg, subscribed various sums from $25 to $5 each for the capital stock of the corporation- afterwards to be organized; the total amount of subscription being $480. The stock -was to consist of 96 shares of the par value of $5 each. Before the- articles of incorporation were prepared, the subscribers seem to have obtained a right of way along the turnpike between the two towns,…

2Cases cited2 opinions

  1. Cincinnati Cooperage Co. v. BateCourt of Appeals of Kentucky · 1894
  2. Warring v. ArthurCourt of Appeals of Kentucky · 1895

3Cited by3 opinions

  1. Gabbard v. CommonwealthCourt of Appeals of Kentucky · 1914
  2. Sanders v. HerndonCourt of Appeals of Kentucky · 1908
  3. Stearns Coal & Lumber Co. v. DouglasCourt of Appeals of Kentucky (pre-1976) · 1944

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