Byers v. Rollins
Supreme Court of Colorado
Error to District Court of Arapahoe County. The action was commenced in February, 1887, by William N. Byers, A. D. Bullís, Lewis B. France and David J. Ball, as plaintiffs, against John Q. A. Rollins, Lewis O. Gaskill, Frederick T. Gooch, Frank Fisher ajid William M. Clark, as defendants.
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Error to District Court of Arapahoe County. The action was commenced in February, 1887, by William N. Byers, A. D. Bullís, Lewis B. France and David J. Ball, as plaintiffs, against John Q. A. Rollins, Lewis O. Gaskill, Frederick T. Gooch, Frank Fisher ajid William M. Clark, as defendants. It appears from the pleadings and the agreed statement of facts upon which the case was tried below that the defendant Rollins and others incorporated the Grand River Bridge Company with a capital of $3,000, divided into sixty shares of $50 each. The articles of incorporation were filed in the office of the…
1Opinion of the CourtJustice Hayt
This action was brought in the court below to compel an accounting by the defendants, as officers of the Grand River Bridge Company, to oust the defendants from office, and to obtain a decree for the cancellation of all the stock held by the defendants or either of them.
If the defendants have assets in their possession belonging to the corporation, the corporation, and not the stockholders, is the proper party, to bring an action to compel them to account for such assets. It is well settled that whenever the officers of a corporation misappropriate the corporate funds, or are guilty of any…
2Cases cited4 opinions
- Dodge v. WoolseySupreme Court of the United States · 1856
- Jackson v. LudelingSupreme Court of the United States · 1874
- Davenport v. DowsSupreme Court of the United States · 1874
- Newby v. Oregon Cent. Ry. Co.U.S. Circuit Court for the District of Oregon · 1870
3Cited by4 opinions
- Peck v. PeckSupreme Court of Colorado · 1905
- Holmes v. JewettSupreme Court of Colorado · 1913
- Byers v. GilmoreColorado Court of Appeals · 1897
- Byers v. GilmoreColorado Court of Appeals · 1897