Legal Opinion

McHarg v. Commonwealth Finance Corp.

South Dakota Supreme Court

Decided April 25, 1921No. File No. 4813PublishedCited by 10 opinions

Action by Orms'by McHarg against Commonwealth Finance Corporation, a domestic corporation, Henry D. Tudor and others; James E- Carlson and others intervening; for an accounting b3 the president and certain directors of defendant corporation, for restoration to the corporation of alleged misappropriated funds, for restraining further official acts, and for other relief; intervenors asking for a receiver of the corporation.

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Action by Orms'by McHarg against Commonwealth Finance Corporation, a domestic corporation, Henry D. Tudor and others; James E- Carlson and others intervening; for an accounting b3 the president and certain directors of defendant corporation, for restoration to the corporation of alleged misappropriated funds, for restraining further official acts, and for other relief; intervenors asking for a receiver of the corporation. From an order denying a motion for change of venue, the corporation appeals. (1) To point one of the opinion, Appellant cited: 4 Fletcher on 'Corporations, Pg. 4371 et seq.;…

1Opinion of the CourtGates, J.

This action was brought in Beadle county in' the Ninth Judicial circuit of. this state by a minority stockholder of the defendant corporation which was organized and exists under the laws of this state. It is alleged, in the complaint that he brings the action on behalf of himself and other stockholders similarly situated and “on behalf of the defendant corporation, the officers and directors thereof having neglected, failed'and refused to prosecute the same as hereinafter more fully set out." In addition to the defendant corporation, there are nam'ed' as defendants seven persons who are…

2Cases cited18 opinions

  1. Ivanusch v. Great Northern Ry. Co.South Dakota Supreme Court · 1910
  2. State v. SmithSupreme Court of New Jersey · 1892
  3. Smail v. GilruthSouth Dakota Supreme Court · 1896
  4. Wilson v. American Palace Car Co.Supreme Court of New Jersey · 1903
  5. Goodbody v. DelaneyNew Jersey Court of Chancery · 1912

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3Cited by10 opinions

  1. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America v. HoffaDistrict Court, District of Columbia · 1965
  2. Otis & Co. v. Pennsylvania R. Co.District Court, E.D. Pennsylvania · 1944
  3. National Bankers Life Insurance Company v. AdlerCourt of Appeals of Texas · 1959
  4. Sobba Ex Rel. Sobel Inc. v. ElmenDistrict Court, E.D. Arkansas · 2006
  5. Higgins v. Hampshire Products, Inc.Michigan Supreme Court · 1948

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