Way v. Barney
Supreme Court of Minnesota
Action in the district court for Hennepin county by tbe receiver ■of the Winslow Furniture & Carpet Co. to recover $5,000 upon defendant’s constitutional liability as a stockholder in that company. The answer among other matters denied that defendant ever subscribed for, acquired, or became either the owner or holder of shares of stock in that company and set up the facts stated in the opinion.
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Action in the district court for Hennepin county by tbe receiver ■of the Winslow Furniture & Carpet Co. to recover $5,000 upon defendant’s constitutional liability as a stockholder in that company. The answer among other matters denied that defendant ever subscribed for, acquired, or became either the owner or holder of shares of stock in that company and set up the facts stated in the opinion. The case was tried before Steele, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. From an order denying his motion to amend the findings or for a new trial,…
1Opinion of the CourtPhilip E. Brown, J.
This is an action to enforce against defendant constitutional liability as a stockholder of a bankrupt local corporation. Plaintiff prevailed. Defendant appealed from an order refusing amendments of the findings and a new trial.
The complaint was sustained on demurrer in 116 Minn. 285, 133 N. W. 801, 38 L.R.A.(N.S.) 648, Ann. Cas. 1913A, 719, where it was held, among other things, that the discharge of a corporation under the Federal Bankruptcy Act does not discharge or extinguish the constitutional liability of its stockholders for the payment of its debts.
Plaintiff claimed that on April 19,…
Also in this document: Per curiam.
2Cases cited6 opinions
- Way v. BarneySupreme Court of Minnesota · 1911
- Hunt v. SeegerSupreme Court of Minnesota · 1904
- Marshall Field & Co. v. Evans, Johnson, Sloane & Co.Supreme Court of Minnesota · 1908
- State v. Bank of New EnglandSupreme Court of Minnesota · 1897
- Levison v. HamiltonCourt of Appeals for the Second Circuit · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gruetzmacher v. QuevliSupreme Court of Iowa · 1929