Frederick Milling Co. v. Frederick Farmers' Alliance Co.
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. J. H. McCoy, Judge. Action by the Frederick Milling Company against the Frederick Farmers’ Alliance Company. From an order denying plaintiff’s preliminary motion to vacate an order to show cause why a stipulation, judgment, etc., in the mortgage foreclosure proceedings should not be vacated, plaintiff appeals.
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Appeal from Circuit Court, Brown County. Hon. J. H. McCoy, Judge. Action by the Frederick Milling Company against the Frederick Farmers’ Alliance Company. From an order denying plaintiff’s preliminary motion to vacate an order to show cause why a stipulation, judgment, etc., in the mortgage foreclosure proceedings should not be vacated, plaintiff appeals. Where a charter or fundamental law of the corporation vests the management and exercise of its power in a board of directors, its management and powers must be exercised by them in their representative capacity as its agents. The corporation…
1Opinion of the CourtCorson, J.
This is an appeal 'by the plaintiff and appellant from an order of the court denying the preliminary motion of the appellant to vacate and set aside an order to show cause why the stipulation, judgment in the action, and • proceedings thereunder should not be vacated and set aside. The action was instituted by the appellant to foreclose a real estate mortgate executed by the de*338fendant and respondent, a corporation, on the 2nd day of September, A. D. 1898, to one Stephen Cahill, to secure the payment of a promissory note for $910, with interest thereon at the rate of 10 per cent, per annum,…
2Cases cited6 opinions
- Waymire v. San Francisco & San Mateo Railway Co.California Supreme Court · 1896
- Loftus v. Farmers' Shipping Ass'nSouth Dakota Supreme Court · 1896
- Small v. Minneapolis Electro-Matrix Co.Supreme Court of Minnesota · 1891
- Brettell v. DeffebachSouth Dakota Supreme Court · 1894
- Whitney v. HazzardSouth Dakota Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- National Power & Paper Co. v. RossmanSupreme Court of Minnesota · 1913
- Schouweiler v. AllenNorth Dakota Supreme Court · 1908
- Investors' Syndicate v. North American Coal & Mining Co.North Dakota Supreme Court · 1915
- Malcom v. Stondall Land and Investment CompanyMontana Supreme Court · 1955
- Malcom v. Stondall Land and Investment CompanyMontana Supreme Court · 1955