Arthur v. Willius
Supreme Court of Minnesota
The Merchants’ National Bank of St. Paul and the firm of Auerbach, Finch & Yan Slyck, creditors of the defendant corporation, each brought an action against it and certain of its shareholders to compel payment of the amount due from such shareholders on their stock.
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The Merchants’ National Bank of St. Paul and the firm of Auerbach, Finch & Yan Slyck, creditors of the defendant corporation, each brought an action against it and certain of its shareholders to compel payment of the amount due from such shareholders on their stock. A demurrer to the complaint in the former suit is reported, 84 Minn. 323. Thereafter, and while those cases were pending, the plaintiffs herein, judgment creditors of the defendant corporation, brought this action on behalf of themselves and all other creditors of the company against the corporation and its shareholders and the…
1Opinion of the CourtMitchelu, J.
The two main points made by appellants are, first,
that the constitutional “double liability” of stockholders, if it existed, was not enforceable in this action; second, that-no such liability existed in this ease. The grounds upon which it is sought to maintain the first proposition are: (1) That no such cause of action is set up in the complaint, and (2) that all the stockholders were not made parties to the suit. If the correctness of the first ground is to be determined by reference exclusively to the complaint of the judgment ■creditors who instituted the action, appellants’ contention…
2Cases cited6 opinions
- State ex rel. Clapp v. Minnesota Thresher Manufacturing Co.Supreme Court of Minnesota · 1889
- Allen v. WalshSupreme Court of Minnesota · 1879
- Northwestern Cement & Concrete Pavement Co. v. Norwegian-Danish Evangelical Lutheran Augsburg SeminarySupreme Court of Minnesota · 1890
- Johnson v. FischerSupreme Court of Minnesota · 1883
- Mohr v. Minnesota Elevator Co.Supreme Court of Minnesota · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Willis v. MabonSupreme Court of Minnesota · 1892
- Eau Claire National Bank v. BensonWisconsin Supreme Court · 1900
- Hanson v. DavisonSupreme Court of Minnesota · 1898
- Gianella v. BigelowWisconsin Supreme Court · 1897
23 more not listed; retrieve them via the Exa API.