Lange v. Burke
Supreme Court of Arkansas
Appeal from Phillips Chancery Court. Edwaed D. RobeRtson, Chancellor. The appellants are estopped by their dealings with the two corporations to allege their identity. 6 Thompson, Corp. p. 376, § 518; 1-S. W. 319; S. C. 47 Ark. 269; 91 TJ. S. 56; 95 TJ. S. 665; ■ 12 Ark. 769; 68 N. W. 863. The evidence shows the separate existence of the two corporations.
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Appeal from Phillips Chancery Court. Edwaed D. RobeRtson, Chancellor. The appellants are estopped by their dealings with the two corporations to allege their identity. 6 Thompson, Corp. p. 376, § 518; 1-S. W. 319; S. C. 47 Ark. 269; 91 TJ. S. 56; 95 TJ. S. 665; ■ 12 Ark. 769; 68 N. W. 863. The evidence shows the separate existence of the two corporations. If the one corporation owned the other as a branch, it would be only by virtue of charter, power to do so, and the burden is on the one alleging this fact. IS Pet. 519; 4 How. 16; 14 Pet. 123; 3 Head, 337; 92 Tenn. 115; 18 L. R. A. 252; 29…
1Opinion of the CourtBattle, J.
On the fifth day of February, 1897, the United States One Stave Barrel Company, and three other corporations filed a complaint, in the Phillips circuit court, against the Kaiser Lumber Company, which for convenience we shall call the Lumber Company. They allege that the defendant is a corporation, organized and doing business under the laws of the state of Arkansas; that it was largely indebted to each of them, and was, on the 27th of January, 1897, insolvent, a part of its commercial paper having gone to protest, and it having conveyed all its property to a trustee to secure a large…
2Cases cited1 opinion
- Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
3Cited by12 opinions
- In re Watertown Paper Co.Court of Appeals for the Second Circuit · 1909
- Rounds & Porter Lumber Co. v. BurnsSupreme Court of Arkansas · 1949
- Henderson v. Rounds & Porter Lumber Co.District Court, W.D. Arkansas · 1951
- Fort Smith Light & Traction Co. v. KelleySupreme Court of Arkansas · 1910
- Good v. Ferguson & Wheeler Land, Lumber & Handle Co.Supreme Court of Arkansas · 1913
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