Wall v. Niagara Mining & Smelting Co.
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Action to recover three thousand dollars and interest, alleged to be due upon a contract. From a judgment for plaintiff, defendant appealed. A corporation is distinct from its stockholders, and although one person may own all the stock, he cannot, as such stockholder, act for the corporation.
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Appeal from the Third District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Action to recover three thousand dollars and interest, alleged to be due upon a contract. From a judgment for plaintiff, defendant appealed. A corporation is distinct from its stockholders, and although one person may own all the stock, he cannot, as such stockholder, act for the corporation. Cook on Stockholders, (2d ed.) Sec. 709. All contracts of a corporation are to be made by or under the direction of the board of directors and not by the stockholders. Cook’s Stockholders (2d ed.) Sec. 712, 716; Titus v.…
1Opinion of the CourtBartch, C. J.
The plaintiff brought this action to recover |3,000, with interest, alleged to be due upon a contract. It appears from the record that the plaintiff, Ole H. Petersen, Peter A. H. Franklin, Haris H. Petersen, G. E. Palen .and Sarah J. Vance were the promotors and incorporators of the defendant company. The articles of incorporation, which were signed by the promoters, were dated October 39, 1888, but were neither sworn to nor filed as required by law before December 3, 1888. The plaintiff, Ole H. Petersen and Sarah J. Vance, on the same day, December 3, 1888, conveyed by deed to the…
2Cases cited13 opinions
- Whitney v. WymanSupreme Court of the United States · 1880
- Seymour v. Spring Forest Cemetery Ass'nNew York Court of Appeals · 1895
- Schreyer v. Turner Flouring Co.Oregon Supreme Court · 1896
- Queen City Furniture & Carpet Co. v. CrawfordSupreme Court of Missouri · 1895
- Rogers v. New York & Texas Land Co.New York Court of Appeals · 1892
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3Cited by16 opinions
- Knox v. First Security Bank of UtahCourt of Appeals for the First Circuit · 1952
- Harrill v. DavisCourt of Appeals for the Eighth Circuit · 1909
- Hansen v. Oregon Short Line R.Utah Supreme Court · 1920
- Haun v. Rio Grande Western Railway Co.Utah Supreme Court · 1900
- Beaman v. Martha Washington Mining Co.Utah Supreme Court · 1901
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