Minnesota Thresher Manufacturing Co. v. Langdon

Mitchell, J.1

While the complaints state two causes of action, yet both are for the recovery of the same thing, to wit, dividends declared and paid to the defendant stockholders by the Northwestern Manufacturing & Car Company, a manufacturing corporation, no *38part of which had been earned, and which were, therefore, just so much of the capital withdrawn and refunded to the stockholders; the corporation being then, as alleged, insolvent. The dividends were paid between May 10, 1882, and May 10,1884,, while the corporation was still an active and going concern. In May, 1884, in an action…