Knight & Wall Co. v. Tampa Sand Lime Brick Co.
Supreme Court of Florida
This case was decided by Division B. Appeal from the Circuit Coürt for Hillsborough County. Statement. On the 12th day of July, 1907, the appellants, as complainants below, filed their bill of complaint in equity in the circuit court for Hillsborough county against the above named appellees as defendants below, which bill, omitting its formal commencement, alleges as follows: “1st. That your orators prior to the filing of this bill, to-wit, on the 12th day of July, A. D.…
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This case was decided by Division B. Appeal from the Circuit Coürt for Hillsborough County. Statement. On the 12th day of July, 1907, the appellants, as complainants below, filed their bill of complaint in equity in the circuit court for Hillsborough county against the above named appellees as defendants below, which bill, omitting its formal commencement, alleges as follows: “1st. That your orators prior to the filing of this bill, to-wit, on the 12th day of July, A. D. 1907, have instituted their suits at law in this Honorable Court against the above named defendant, the Tampa Sand Lime…
1Opinion of the CourtTaylor, J.
(after stating the facts.)—The first question presented by the demurrers to this bill is: can the' creditors of a corporation bring suit against the stockholders of such corporation to enforce their statutory liability without first having exhausted their remedies against the corporation itself, or without first reducing their claims to judgments at law against the corporation and having executions issued and returned nulla bona?
While the general rule is well established that a corporate creditor’s suit to enforce payment of unpaid subscriptions to its stock can properly be brought only after…
2Cases cited14 opinions
- Handley v. StutzSupreme Court of the United States · 1891
- Hospes v. Northwestern Manuf'g & Car Co.Supreme Court of Minnesota · 1892
- Winters v. City of DuluthSupreme Court of Minnesota · 1901
- McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
- Vermont Marble Co. v. Declez Granite Co.California Supreme Court · 1902
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3Cited by13 opinions
- Coe v. Armour Fertilizer WorksSupreme Court of the United States · 1915
- Garner v. WardSupreme Court of Florida · 1971
- State Ex Rel. Davis v. KnightSupreme Court of Florida · 1929
- Payne v. PayneSupreme Court of Florida · 1921
- State ex rel. Buford v. WatkinsSupreme Court of Florida · 1923
8 more not listed; retrieve them via the Exa API.