American Barley Co. v. McCourtie
Supreme Court of Minnesota
Action in the district court for Hennepin county to obtain the surrender of capital stock of plaintiff corporation of the par value of $300,-000 and to recover $288,300. From an order, Molyneaux, J., sustaining defendant McCouriie’s demurrer to the first cause of action in the second amended complaint, plaintiff appealed.
1Opinion of the CourtHolt, J.
A demurrer by defendant McCourtie to plaintiff’s first cause of action was sustained, and it appeals.
The substance of the allegations are these: That defendants S. J *461Boal and R. L. Clancy were the original promoters of the plaintiff and that McConrtie joined them shortly after its organization, assented to and contrived with them in all they did from the beginning down to the present time; that said three defendants were partners in the entire transaction of the promotion and organization of plaintiff and were in complete control thereof, using the other defendants merely as straw men in…
2Cases cited5 opinions
- Seymour v. Spring Forest Cemetery Ass'nNew York Court of Appeals · 1895
- Davis v. Las Ovas Co.Supreme Court of the United States · 1913
- Hoffman Motor Truck Co. v. EricksonSupreme Court of Minnesota · 1914
- Insurance Press v. Montauk Fire Detecting Wire Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Lyons v. WebsterSupreme Court of Alabama · 1916
3Cited by1 opinion
- Barrett v. ShambeauSupreme Court of Minnesota · 1932