Kreitzer v. Monarch Portland Cement Co.

Citations

• 92 Kan. 835
• 141 P. 1004
• 1914 Kan. LEXIS 329

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Corporation — Receiver — Recognition by Stockholders — Es-topped to Deny Validity of Appointment. Stockholders in a corporation who recognize its receiver by intervening in the suit in which he was appointed and asking that he be directed to sell part instead of all the assets can not be heard after-wards to contend that his appointment' was unauthorized.</p> <p>2. Same. After a receiver of a corporation had been appointed to conserve its estate and conduct its affairs as directed by the court, and after he had by order of the court sold its assets, the stockholders by the requisite vote ratified the sale and resolved that inasmuch as the corporation had liquidated its obligations and had no outstanding indebtedness, it should be and was thereby dissolved, and the receiver reported such action to the court, suggesting a decree dissolving such corporation, which decree was entered. Held, that such action by the stockholders rendered the questions presented by the intervenors as to the authority to appoint the receiver, the validity of the sale made by him, errors occurring at the trial, and the propriety of such decree, no longer practical but academic.</p> <p>3. Supreme Court- — Not a Moot Court. It is not the province of this court to decide moot questions.</p>