Legal Opinion

Giesen v. London & Northwest American Mortg. Co.

Court of Appeals for the Eighth Circuit

Decided April 30, 1900No. 1,339PublishedCited by 6 opinions

In Error to the Circuit Court of the United States for the District of Minnesota. This action was brought by the London & Northwest American Mortgage Company, Limited, the defendant in error, and an English corporation, against Peter Joseph Giesen, the plaintiff in error, to recover the sum of $2,919.90, exclusive of interest; said sum being the amount, in the aggregate, not including interest, of six calls or assessments on 100 shares of its capital stock, that had been…

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In Error to the Circuit Court of the United States for the District of Minnesota. This action was brought by the London & Northwest American Mortgage Company, Limited, the defendant in error, and an English corporation, against Peter Joseph Giesen, the plaintiff in error, to recover the sum of $2,919.90, exclusive of interest; said sum being the amount, in the aggregate, not including interest, of six calls or assessments on 100 shares of its capital stock, that had been levied, with the approval of an English court, in the course of a proceeding pending therein to liquidate the affairs of…

1Opinion of the CourtTiiayer, Circuit Judge

When a person subscribes for stock either in a domestic or a foreign corporation, he thereby consents to be governed by the provisions of its charter or the general law under which it is incorporated, and by such by-laws of the corporation as may be lawfully enacted, and that his rights and liabilities as a stockholder shall be tested and determined with reference to such laws. The fact that a stockholder of a corporation is not a citizen or resident of the state or country where the corporation was incorporated does not exempt him from the operation of any of those provisions of the act of…

2Cases cited10 opinions

  1. Richmond v. IronsSupreme Court of the United States · 1887
  2. Hawkins v. GlennSupreme Court of the United States · 1889
  3. Canada Southern Railway Co. v. GebhardSupreme Court of the United States · 1883
  4. Relfe v. RundleSupreme Court of the United States · 1881
  5. Glenn v. LiggettSupreme Court of the United States · 1890

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3Cited by6 opinions

  1. Smoot v. Bankers Life Ass'nMissouri Court of Appeals · 1909
  2. Lum v. American Wheel & Vehicle Co.California Supreme Court · 1913
  3. Rogers v. HillCourt of Appeals for the Second Circuit · 1932
  4. Helvering v. MillerCourt of Appeals for the Second Circuit · 1935
  5. Evansville Union Stockyards Co. v. State ex rel. EichelIndiana Supreme Court · 1913

1 more not listed; retrieve them via the Exa API.

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