Wallace v. Carpenter Electric Heating Manufacturing Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county against the Carpenter Electric Heating Manufacturing Company and the American Electric Heating Corporation to ascertain and enforce the liability of the Heating Corporation for unpaid instalments on the stock of the Manufacturing Company owned by it, in case the Heating Corporation failed to pay a judgment in favor of plaintiff against the Manufacturing Company amounting to $5,587.71. From a judgment dismissing the action,…
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Action in the district court for Ramsey county against the Carpenter Electric Heating Manufacturing Company and the American Electric Heating Corporation to ascertain and enforce the liability of the Heating Corporation for unpaid instalments on the stock of the Manufacturing Company owned by it, in case the Heating Corporation failed to pay a judgment in favor of plaintiff against the Manufacturing Company amounting to $5,587.71. From a judgment dismissing the action, entered pursuant to findings and an order of Otis, J., plaintiff appealed. The capital stock of a corporation must be paid…
1Opinion of the CourtStart, C. J.
This is an equitable action by a judgment creditor to enforce payment of his judgment by a stockholder of the debtor corporation *325on the ground that its stock was fraudulently issued as fully paid up, when in fact it was not.
The material facts, as found by the trial court, are substantially these: The plaintiff on October 31, 1895, recovered judgment for $5,587.71 against a corporation of this state known as the “Carpenter Electric Heating Manufacturing Company,” which will be designated as the “Carpenter Company.” The judgment has never been paid. The capital stock of the defendant Carpenter…
2Cases cited7 opinions
- Hospes v. Northwestern Manuf'g & Car Co.Supreme Court of Minnesota · 1892
- Cameron v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1896
- Merchants' Exchange Bank v. LuckowSupreme Court of Minnesota · 1887
- Bank of Montreal v. RichterSupreme Court of Minnesota · 1893
- Hastings Malting Co. v. Iron Range Brewing Co.Supreme Court of Minnesota · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State Trust Co. v. TurnerSupreme Court of Iowa · 1900
- Mendenhall v. UlrichSupreme Court of Minnesota · 1905
- Kelly v. ClarkMontana Supreme Court · 1898
- C.O. v. DoeSupreme Court of Minnesota · 2008
- Downer v. Union Land Co.Supreme Court of Minnesota · 1911
10 more not listed; retrieve them via the Exa API.