Sawyer v. Dubuque Printing Co.
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. C. P. Couch, Judge. This is au action to recover damages for an alleged unauthorized and fraudulent disposition of the property of the Dubuque Democrat Printing and Publishing Company, a corporation, whereby plaintiff, as a stockholder in said corporation, was damaged.
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Appeal from Dubuque District Court. — Hon. C. P. Couch, Judge. This is au action to recover damages for an alleged unauthorized and fraudulent disposition of the property of the Dubuque Democrat Printing and Publishing Company, a corporation, whereby plaintiff, as a stockholder in said corporation, was damaged. The action was originally brought at law, and on motion of the plaintiff, against the objections of the defendants, was transferred to and tried as an equitable proceeding. The case was referred to S. P. Adams, Esq., who made a report of his findings of fact and of law, and upon a…
1Opinion of the CourtGiven, C. J.
I. We have carefully examined the exceptions of both parties to these findings, and the evidence upon which these findings are based. We think the findings are sustained by the evidence. Is the plaintiff entitled, upon these facts, to maintain this action ? Appellant does not contend that he could maintain it at law, but that because of the frauds alleged equity will grant him relief. Conceding this, the inquiry arises, has fraud been proven % We have already said that the finding of the referee that “the charge of fraud made by plaintiff is not sustained; that the sale and transfer of the…
2Cited by3 opinions
- Price v. HolcombSupreme Court of Iowa · 1893
- Beidenkopf v. Des Moines Life InsuranceSupreme Court of Iowa · 1913
- Rhea v. NewtonCourt of Appeals for the Eighth Circuit · 1919