· 11/30/1908

Keystone Life Ins. Co. of Louisiana v. Von Schlemmer

Citations

122 La. 280
47 So. 606
1908 La. LEXIS 452

Syllabus

1. Corporations (§ 388*) — Subscription to Stock — Actions—Estoppel to Contest Validity. Where a person subscribes to the capital stock of a corporation after he has acted as one of the corporate directors and for the purpose of qualifying as director, he is estopped from contesting his subscription on the ground that its terms of payment were violative of the corporate charter. [Ed. Note. — For other cases, see Corporations, Cent. Dig. §§ 1562-1564; Dec. Dig. § 388.*] On Rehearing. 2. Estoppel (§ 114*) — Pleading in Avoidance oe Defense — Necessity — Statutory Provisions. ■ Replications not being permitted in Louisiana, the answer is open to every objection of law or fact as if specially pleaded, and hence it is not necessary to plead an estoppel in avoidance of a defense alleged by answer. [Ed. Note. — For other cases, see Estoppel, Cent. Dig. § 304; Dec. Dig. § 114.*]

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

noting that “courts have been reluctant to exclude a survey based on inadequate controls alone” and instead “have simply chosen to give less weight to surveys using weak controls.”
declining to exclude survey evidence where the control subject had “blatantly obvious differences” from the test subject
injury is irreparable if it is not fully compensable by monetary damages or the nature of plaintiff’s loss makes money damages difficult to calculate

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Judges: Provosty

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