Garetson Lumber Co. v. Hinson
Oregon Supreme Court
From Multnomah.: Robert G. Morrow, Judge. Department 1: Statement by Mr. Justice Moore. This is an action to recover money.
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From Multnomah.: Robert G. Morrow, Judge. Department 1: Statement by Mr. Justice Moore. This is an action to recover money. The material averments of the complaint are to the effect that on March 9, 1903, the plaintiff, the Garets on-Hilton Lumber Company, became, ever since has been, and now is, a corporation organized and existing under the laws of the state of Missouri, having at its creation a fully paid-up capital of $30,000, divided into 300 shares of the par value of $100 each; that on April 20, 1904, its stock was increased to $50,000, fully paid-up capital, and divided into 500…
1Opinion of the CourtJustice Moore
1, 2. Is an action at law the proper remedy herein, and is the Garetson-IIilton Lumber Company the proper party plaintiff, are the questions to be considered. As a preliminary matter, it may be stated that in the absence of an enactment by the state in which a person resides, imposing upon him a particular liability as a stockholder in a foreign corporation, the statute of another state giving life to such artificial being, or the articles which it adopts, affords the rule regulating the liability to its creditors when suits are brought to establish a legal responsibility against a resident…
2Cases cited23 opinions
- Merrick v. . Van SantvoordNew York Court of Appeals · 1866
- Scott v. FordOregon Supreme Court · 1908
- DeVall v. DeVallOregon Supreme Court · 1910
- Coffin v. RichSupreme Judicial Court of Maine · 1858
- Williams v. Commercial National BankOregon Supreme Court · 1907
18 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Public Market Co. v. City of PortlandOregon Supreme Court · 1942
- Security Savings & Trust Co. v. Portland Flour Mills Co.Oregon Supreme Court · 1927
- Cousineau v. CousineauOregon Supreme Court · 1936
- Powers v. HeggieMassachusetts Supreme Judicial Court · 1929
- Gantenbein v. BowlesOregon Supreme Court · 1922
11 more not listed; retrieve them via the Exa API.