Libby v. Tobey
Supreme Judicial Court of Maine
ON BEPOBT. This was an action on the case, under R. S., c. 46, §§ 46 and 47, to recover from the defendant the amount of a judgment obtained against the Deer Isle Silver Mining Company, a corporation existing under the laws of this state, and in which the defendant was a subscriber and owner of stock not fully paid.
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ON BEPOBT. This was an action on the case, under R. S., c. 46, §§ 46 and 47, to recover from the defendant the amount of a judgment obtained against the Deer Isle Silver Mining Company, a corporation existing under the laws of this state, and in which the defendant was a subscriber and owner of stock not fully paid. (Declaration.) “In a plea of the case; for that the said plaintiff on the twenty-ninth day of May, A. D. 1886, by the consideration of the justices of the superior court of the county of Cumberland, at a term of said court begun at Portland, on the first Tuesday of May aforesaid,…
1Opinion of the CourtFoster, J.
This case comes before the court on report. The plaintiff having recovered judgment against the Deer Isle Silver Mining Company for $5,634.69 debt, and $116.10 costs of suit, claims the right to enforce his judgment against this defendant as a stockholder of the corporation by force of R. S., c. 46, §§ 46, 47.
The liability sought to be enforced is a statutory one; and in order to prevail the plaintiff must bring his case within the statute by proving that he has a lawful" and bona fide judgment against the corporation “based upon a claim in tort or contract, or for any penalty” recovered…
2Cases cited8 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Scovill v. ThayerSupreme Court of the United States · 1882
- Pullman v. UptonSupreme Court of the United States · 1878
- Boynton v. . HatchNew York Court of Appeals · 1872
- Ward v. Griswoldville Manufacturing Co.Supreme Court of Connecticut · 1844
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3Cited by8 opinions
- R. H. Herron Co. v. ShawCalifornia Supreme Court · 1913
- State Trust Co. v. TurnerSupreme Court of Iowa · 1900
- Crippen v. LaightonSupreme Court of New Hampshire · 1899
- Thomason v. MillerCourt of Appeals of Texas · 1928
- Wing Evans v. SlaterSupreme Court of Rhode Island · 1896
3 more not listed; retrieve them via the Exa API.