Arenz v. Weir
Citations
- 89 Ill. 25
Syllabus
<p>1. Demurrer—admits all facts well pleaded. A demurrer to a declaration admits all the facts well pleaded to be true, but not the inferences from them.</p> <p>2. Insurance company—liability of stockholder for debts of company. The provision of the general law of 1869, making the trustees and corporators of any and all insurance companies individually liable for all debts or responsibilities of their company to the amount of stock by him or them subscribed, until the whole amount of the capital stock of such company is paid in, and a certificate thereof recorded, applies to insurance companies organized before its passage under special charters.</p> <p>3. Same—liability of stockholders not released by the appointment of a receiver. The passing of an insurance company into the hands of a receiver in no degree diminishes the individual liability of its stockholders for the debts- of the company. The stockholder is not under the control or in the power of the receiver, but holds a fund, so to speak, out of which the creditors of the company may be paid; and the very fact that the corporation has gone into bankruptcy, or into the hands of a receiver, fixes the liability of a stockholder to a creditor.</p>
Judges: Breese
Read full opinion on CourtListenerCited by
9 cases in this archive cite this case.
- Palenzke v. BruningAppellate Court of Illinois· 1901-11-26· cited 15×
- Gridley v. BarnesIllinois Supreme Court· 1882-03-28· cited 11×
- Joseph T. Ryerson & Son v. PedenIllinois Supreme Court· 1922-04-19· cited 10×
- Jacobson v. AllenU.S. Circuit Court for the District of Southern New York· 1882-06-20· cited 10×
- Marcus v. S. S. Kresge Co.Appellate Court of Illinois· 1936-02-11· cited 5×
- Brown v. Fire InsuranceAppellate Court of Illinois· 1932-02-29· cited 1×
- Root v. SinnockAppellate Court of Illinois· 1886-08-26
- Ebersole v. First National Bank of MorrisonAppellate Court of Illinois· 1890-05-28
- Alter v. City of CincinnatiCourt of Common Pleas of Ohio, Hamilton County· 1897-07-01
Cites
1 case in this archive is cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.