Legal Opinion

Western Improvement Co. v. Des Moines National Bank

Supreme Court of Iowa

Decided October 28, 1897PublishedCited by 5 opinions

Appeal from Pollc District Court. — Hon. W. P. Conrad, Judge. This action by the plaintiff corpofation is to recovei from the defendant corporation, as a stockholder, the amount of an assessment alleged to have been duly made upon the stock of the plaintiff corporation. The issues and facts sufficiently appear in the opinion. The case was tried to the court, and judgment rendered in favor of the plaintiff. Defendant appeals.

1Opinion of the CourtGiven, J.

1 It is necessary to an understanding of the question discussed to notice at considerable length the character of the plaintiff corporation. Appellant’s counsel makes the following statement, which is sufficiently full, and is supported by the record: “In February, 1891, the plaintiff corporation was organized ‘to own, buy, sell, exchange; and lease real estate, * * * to improve the same by erecting buildings thereon and. otherwise, and to deal in real and personal property and choses in action,’ with .a capital stock of ‘fifty thousand dollars, divided into shares of one hundred dollars…

2Cases cited3 opinions

  1. Mullarky v. Town of Cedar FallsSupreme Court of Iowa · 1865
  2. Wishard v. HansenSupreme Court of Iowa · 1896
  3. North & South Street Railroad v. SpullockSupreme Court of Georgia · 1892

3Cited by5 opinions

  1. Atherton v. AndersonCourt of Appeals for the Sixth Circuit · 1936
  2. Pabst v. GoodrichWisconsin Supreme Court · 1907
  3. Seal of Gold Mining Co. v. SlaterCalifornia Supreme Court · 1911
  4. Nelson v. Northland Life Insurance Co.Supreme Court of Minnesota · 1936
  5. Bank of National City v. JohnstonCalifornia Supreme Court · 1900

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