Legal Opinion

Rasor v. West Coast Development Co.

Oregon Supreme Court

Decided October 12, 1920PublishedCited by 5 opinions

From Coos: John S. Coke, Judge. Department 2. The plaintiffs are engineers with principal office in Los Angeles, California. The West Coast Development Company is an Oregon corporation, with principal office and place of business at Bandon, in Coos County. It has a capital stock of $100,000, divided into 1,000 shares of the par value of $100 each. The remaining defendants are residents of that county.

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From Coos: John S. Coke, Judge. Department 2. The plaintiffs are engineers with principal office in Los Angeles, California. The West Coast Development Company is an Oregon corporation, with principal office and place of business at Bandon, in Coos County. It has a capital stock of $100,000, divided into 1,000 shares of the par value of $100 each. The remaining defendants are residents of that county. It is alleged that the defendant Carter was the owner of 51 shares of stock in the defendant corporation; that Murphey owned 50 shares, Dyer 50 shares, Stephen G-allier 51 shares, E. M. Grallier…

1Opinion of the CourtJohns, J.

1. This suit was brought, and the decree was rendered for the sole use and benefit of the plaintiffs. It appears from the evidence that it is against a portion only of the stockholders of the corporation. The sole ground of demurrer is “that the complaint does not state facts sufficient to constitute a cause of suit.” There was no plea in abatement and the fact that there were other stockholders was not called to the attention of the court by any pleading, motion, or affidavit. By reason of the fact that the suit was brought for the benefit of the plaintiffs only, and that there are other…

2Cases cited3 opinions

  1. Harrison v. Remington Paper Co.Court of Appeals for the Eighth Circuit · 1905
  2. Brundage v. Monumental Gold & Silver Mining Co.Oregon Supreme Court · 1885
  3. McAllister v. American Hospital Ass'nOregon Supreme Court · 1912

3Cited by5 opinions

  1. Haberlach v. Tillamook County BankOregon Supreme Court · 1930
  2. Compton v. PerkinsOregon Supreme Court · 1933
  3. Smith v. SchmittOregon Supreme Court · 1924
  4. Crocker v. GentryOregon Supreme Court · 1928
  5. Bartholmae Oil Corp. v. BoothOregon Supreme Court · 1933

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