Legal Opinion

Preiss v. Zins

Supreme Court of Minnesota

Decided July 18, 1913No. Nos. 18,037—(155)PublishedCited by 5 opinions

Action in the district court for Stearns county by the trustee in bankruptcy of the Preiss & Wimmer Brewing Co. to recover $7,-409.06. Prom an order overruling defendant’s demurrer to the ■complaint, he appealed.

1Opinion of the CourtPhilip E. Brown, J.

Appeal by defendant from an order overruling a general demurrer to the complaint in an action by a trustee in bankruptcy of an insolvent corporation, the Preiss & Wimmer Brewing Co., to recover from defendant, a former stockholder thereof, the amount of capital •stock withdrawn and refunded.

The complaint alleges the incorporation of the brewing company under the laws of this state as a manufacturing corporation in 1900, the purchase by and the delivery to defendant, in the same year, of 100 shares of its capital stock at $100 each, for $10,000 paid therefor, the surrender to the stockholders…

2Cases cited4 opinions

  1. Hospes v. Northwestern Manuf'g & Car Co.Supreme Court of Minnesota · 1892
  2. Minnesota Thresher Manufacturing Co. v. LangdonSupreme Court of Minnesota · 1890
  3. Minneapolis Baseball Co. v. City BankSupreme Court of Minnesota · 1896
  4. Stevens v. TildenSupreme Court of Minnesota · 1913

3Cited by5 opinions

  1. Mackall v. PocockSupreme Court of Minnesota · 1917
  2. Lebens v. NelsonSupreme Court of Minnesota · 1921
  3. Browning v. BrowningWest Virginia Supreme Court · 1919
  4. State Bank of Commerce v. Kenney Band Instrument Co.Supreme Court of Minnesota · 1919
  5. Dispatch Printing Co. v. Security Bond & Investment Co.Supreme Court of Minnesota · 1923

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