Stoltz v. Scott
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. B. N. Dunn, Judge. Aetion to recover alleged illegal dividends paid to directors. Demurrers to complaints sustained and judgment of dismissal entered. For the purpose of an action of this kind the corporation will be held to be dissolved by insolvency and cessation of the business; and a legal dissolution is not necessary. (Cook on Corporations, sec. 631; Slee v. Bloom, 19 John.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. B. N. Dunn, Judge. Aetion to recover alleged illegal dividends paid to directors. Demurrers to complaints sustained and judgment of dismissal entered. For the purpose of an action of this kind the corporation will be held to be dissolved by insolvency and cessation of the business; and a legal dissolution is not necessary. (Cook on Corporations, sec. 631; Slee v. Bloom, 19 John. (N. T.) 456, 10 Am.. Dec. 273; High on Beceivers, see. 317a, p. 392; McDonnell v. Alabama Life Ins. Go., 85 Ala. 401, 5 So. 121;…
1Opinion of the CourtSullivan, J.
— This is an appeal from three judgments of dismissal which were entered upon sustaining demurrers of the three defendants, Barton, Chainey and Scott, they being the only defendants who appeared in the action. General demurrers were filed to the complaint by Chainey and Scott and the demurrer of Barton was based on an additional ground, to wit, that the action was barred by the statute of limitations and that the complaint was ambiguous and uncertain.
*109It appears from the complaint that the appellant Stoltz was the duly appointed and qualified receiver of the WinnBarr-Chainey Co., Limited, a…
2Cases cited7 opinions
- McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
- Woolverton v. TaylorIllinois Supreme Court · 1890
- Patterson v. StewartSupreme Court of Minnesota · 1889
- Low v. BuchananIllinois Supreme Court · 1879
- Tait v. PigottWashington Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Talcott Land Co. v. HershiserCalifornia Supreme Court · 1921
- Belmont v. GentrySouth Dakota Supreme Court · 1933
- Stevirmac Oil & Gas Co. v. SmithDistrict Court, E.D. Oklahoma · 1919
- Ulness v. DunnellNorth Dakota Supreme Court · 1931
- Boomer v. RoweCourt of Appeals for the Ninth Circuit · 1918
2 more not listed; retrieve them via the Exa API.