Wesco Supply Co. v. Smith
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. Smith was liable. It was error to grant the peremptory instruction.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. Smith was liable. It was error to grant the peremptory instruction. He was -a stockholder and actively participated in the management of the corporation. 35 Ark. 144; 62 Id. 229; 125 Id. 155; 168 Fed. 187; 196 S. W. 462; 10 Cyc. 248; 17 L. R. A. 549; L. R. A. 1916 C. 196-201; 29 L. R. A. 143; 39 Id. 810; 10 Cyc. 658. 2. To constitute a corporation de facto there must be a bona fide attempt to comply with the law. 121 Ark. 541; 168 Fed. 187; 7 R. C. L. 64; 10 Cyc. 252; 8 A. & E. Ene. L. (2d ed.) 752. There was no…
1Opinion of the Court
WOOD, J.,
(after stating, the facts). Appellant seeks to hold appellee liable “not as a promoter, incorporator, or stockholder in a corporation,” but because of the fact that he became in the language of the witness Bratton “one of the principal owners of the thing,” and for a time in active charge and management of the business conducted by the Service Company. Appellant relies upon Garnett et al. v. Richardson et al., 35 Ark. 144. In that case one Garnett, Huffman and Beaty, signed articles oh association for the incorporation of the Hot Springs Ice Company, which were filed in the office of…
2Cases cited3 opinions
- Garnett v. RichardsonSupreme Court of Arkansas · 1879
- Bank of Midland v. HarrisSupreme Court of Arkansas · 1914
- Rainwater v. ChildressSupreme Court of Arkansas · 1915
3Cited by11 opinions
- Whitaker v. Mitchell Manufacturing Co.Supreme Court of Arkansas · 1952
- Mechanics' Lumber Co. v. Yates American MacHine Co.Supreme Court of Arkansas · 1930
- Doggrell v. Great Southern Box Co., Inc., of MississippiCourt of Appeals for the Sixth Circuit · 1953
- Kelley v. Stern Publishing & Novelty Co.Supreme Court of Arkansas · 1921
- Sawyer v. Pabst Brewing Co.Arizona Supreme Court · 1921
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