Mt. Carmel Tel. Co. v. Mt. Carmel & Flemingburg Tel. Co.
Court of Appeals of Kentucky
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.
Read the full summary
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
- Cincinnati Cooperage Co. v. BateCourt of Appeals of Kentucky · 1894
- Warring v. ArthurCourt of Appeals of Kentucky · 1895
3Cited by3 opinions
- Gabbard v. CommonwealthCourt of Appeals of Kentucky · 1914
- Sanders v. HerndonCourt of Appeals of Kentucky · 1908
- Stearns Coal & Lumber Co. v. DouglasCourt of Appeals of Kentucky (pre-1976) · 1944