Abernathy v. Loftus
Decision Date | 10 April 1915 |
Docket Number | 19,369 |
Citation | 95 Kan. 87,147 P. 818 |
Parties | OMAR ABERNATHY, as Administrator de bonis non, etc. (BARTON HALL, Assignee, Appellee), v. MARY R. LOFTUS, as Administratrix, etc., et al. (CLARENCE R. RYAN, Substituted Administrator de bonis non, Appellant) |
Court | Kansas Supreme Court |
Decided. January, 1915.
Appeal from Atchison district court; WILLIAM A. JACKSON, judge.
Judgment reversed.
SYLLABUS BY THE COURT.
1. CORPORATION -- Dissolution -- Action against Stockholder -- Barred by Three-year Statute of Limitations. An action, under section 1192 of the General Statutes of 1889, against the stockholders of a corporation that has suspended business for more than one year, is barred by the three-year statute of limitations when four years have elapsed after such suspension of business.
2. SAME--Wrongfully Mining Coal--Creates a "Debt Unpaid" under Section 1204, General Statutes of 1889. The obligation arising on the implied contract of a corporation to pay for coal wrongfully mined from the property of another, and not paid for, is a "debt unpaid" within the meaning of section 1204 of the General Statutes of 1889, providing that if any corporation be dissolved, leaving debts unpaid, suits may be brought against any person or persons who were stockholders at the time of such dissolution.
William W. Hooper, of Leavenworth, and Thomas J. White, of Kansas City, for the appellant.
Frank Doster, of Topeka, A. E. Dempsey, of Leavenworth, and Meredith & Harwood, of Kansas City, Mo., for the appellee.
This is an action commenced June 28, 1910, against the estate of Matthew Ryan, sr., deceased, stockholder of a corporation, to enforce the statutory liability on a judgment rendered against the corporation. Judgment was rendered in favor of the plaintiff. Defendant Ryan appeals.
The trial court made findings of fact as follow:
The defendant contends that the action against the estate of Matthew Ryan, sr., is barred by the three-year statute of limitations, because the Leavenworth Coal Company suspended business on March 28, 1900, leaving debts unpaid, and never resumed business thereafter; and this action was not commenced within the three years after the expiration of the first year of such suspension of business. The plaintiff, to avoid this bar, claims that "debts unpaid" (Gen Stat. 1889, § 1204) do not include claims for unliquidated damages arising out of tort. (See Laws 1898, ch. 10, § 17.) Assuming that the expression "debts unpaid" includes the claim of these plaintiffs, was this action barred by the statute of limitations at the time it was commenced? The actions which entered into the judgment upon which this action is based were commenced January 4, 1889, and March 30, 1900, respectively. The Leavenworth Coal Company ceased to do business in March or April, 1900. Section 1200 of the General Statutes of 1889 (Gen. Stat. 1909, § 1759) provides...
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