Legal Opinion

City of Montesano v. Carr

Washington Supreme Court

Decided July 11, 1914No. 11904PublishedCited by 2 opinions

Cross-appeals from a judgment of the superior court for Chehalis county, Irwin, J., entered September 20, 1913, in an action by a creditor to recover an unpaid subscription to the capital stock of an insolvent corporation, after a trial to the court.

1Opinion of the CourtParker, J.

As we proceed, we think it will appear that this cause was commenced and prosecuted to final judgment in the superior court by the plaintiff city as a pure action at law, seeking only recovery, for its own exclusive use and benefit, of a personal money judgment against the defendant Carr. The city seeks recovery of such judgment against Carr upon the ground that it is a creditor of the Monte*385sano Planing.Mill Company, an insolvent corporation, and that Carr is indebted to that company in the sum of $1,000 for an unpaid stock subscription made by him to its capital stock.

After trial before the…

2Cases cited15 opinions

  1. Sawyer v. HoagSupreme Court of the United States · 1873
  2. Wilson v. BookWashington Supreme Court · 1896
  3. Adamant Manufacturing Co. of America v. WallaceWashington Supreme Court · 1897
  4. Cox v. DickieWashington Supreme Court · 1908
  5. Watterson v. MastersonWashington Supreme Court · 1896

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3Cited by2 opinions

  1. Gray Construction Co. v. FantleSouth Dakota Supreme Court · 1934
  2. Davis v. OlsonCourt of Appeals of Washington · 1971

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