Hillmer v. Grondahl, No. 110.

Docket NºNo. 110.
Citation199 A. 255
Case DateMay 03, 1938
CourtUnited States State Supreme Court of Vermont
199 A. 255

HILLMER
v.
GRONDAHL.

No. 110.

Supreme Court of Vermont. Bennington.

May 3, 1938.


Appeal in Chancery, Bennington County; Allen R. Sturtevant, Chancellor.

Suit by Armin F. Hillmer against E. L. Grondahl to enforce defendant's double liability as a stockholder of an Illinois bank. From a decree dismissing the bill on demurrer, plaintiff appeals.

Affirmed, and remanded.

Lawrence & O'Brien, of Rutland, and Leonard & Leonard, of Chicago, Ill. (Gordon McLeish Leonard, of Chicago, Ill., of counsel), for plaintiff. Fenton, Wing & Morse and John A. M. Hinsman, all of Rutland, for defendant.

199 A. 256

Argued before POWERS, C. J., and SLACK, MOULTON, SHERBURNE, and BUTTLES, JJ.

POWERS, Chief Justice.

This is a chancery suit wherein the plaintiff, a nonresident creditor of the insolvent Chicago Bank of Commerce, chartered and domiciled in the state of Illinois, seeks to enforce for his own benefit and that of his fellow creditors, against the defendant, as a resident stockholder of that bank, a so-called double liability under the Constitution and laws of such foreign state. The bill was demurred to, the demurrer was sustained, the bill was dismissed, and the plaintiff appealed.

So, the only question presented is one of pleading. Many causes of demurrer are assigned, but the real question is this: Are the allegations, in the aggregate, sufficient to state a cause of action enforceable in a court of equity in this state?

We agree with the defendant when he says that it is only by the allegations of fact contained in the bill that its sufficiency is to be determined, Murtey v. Allen, 71 Vt. 377, 380, 45 A. 752, 76 Am.St.Rep. 779; allegations amounting to conclusions of law are not admitted by the demurrer and are to be disregarded, Holman v. Randolph Nat. Bank, 98 Vt. 66, 74, 126 A. 500; and no fact can be considered unless it appears on the face of the bill, Vermont Hydro-Electric Corporation v. Dunn, 95 Vt. 144, 152, 112 A. 223, 12 A.L.R. 1495.

We also agree with him when he says that the allegations in paragraph 12 of the amended bill, as to what the law of Illinois is, are mere conclusions of law, and not allegations of facts. When, as here, a suit is based upon the laws of another state which are relied upon as conferring the cause of action, they must be alleged and proved. They must be alleged as facts and proved as facts. Pickering v. Fisk, 6 Vt. 102, 105; Ward & Co. v. Morrison, 25 Vt. 593, 601; Jenness v. Simpson, 81 Vt....

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7 practice notes
  • Smith v. Highway Bd., No. 154
    • United States
    • Vermont United States State Supreme Court of Vermont
    • October 7, 1952
    ...and are to be disregarded. No fact can be considered unless it appears on the face of the bill. Hillmer v. Grondahl, 109 Vt. 388, 390, 199 A. 255, and cases The material facts alleged in the bill pertaining to the procedure in question are as follows: The plaintiff, Smith, has been an emplo......
  • Cukor v. Cukor., No. 1209.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • October 1, 1946
    ...of the Supreme Court of that State over the defendant in accordance with the decisions in Hillmer v. Grondahl, 109 Vt. 388, 390, 391, 199 A. 255, and Macauley v. Hyde, 114 Vt. 198, 204, 42 A.2d 482. This well recognized principle, however, is not applicable to the present situation. In an a......
  • Macauley v. Hyde., No. 1043.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • May 1, 1945
    ...Mead, 93 Vt. 322, 337, 107 A. 396; McLeod v. Connecticut & P. R. R. Co., 58 Vt. 727, 739, 6 A. 648; Hillmer v. Grondahl, 109 Vt. 388, 391, 199 A. 255, and cases cited. The declaration in the present case makes no mention whatever of the New York statutes and the offers were properly exclude......
  • Canfield v. Hall, No. 173
    • United States
    • Vermont United States State Supreme Court of Vermont
    • January 6, 1959
    ...amounting to conclusions of law are not admitted by a demurrer and are to be disregarded. Hilmer v. Grondahl, [121 Vt. 55] 109 Vt. 388-390, 199 A. 255; Smith v. Highway Board, 117 Vt. 343, 345, 91 A.2d Much of the plaintiffs' brief is devoted to argument of claimed facts that do not appear ......
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7 cases
  • Smith v. Highway Bd., No. 154
    • United States
    • Vermont United States State Supreme Court of Vermont
    • October 7, 1952
    ...and are to be disregarded. No fact can be considered unless it appears on the face of the bill. Hillmer v. Grondahl, 109 Vt. 388, 390, 199 A. 255, and cases The material facts alleged in the bill pertaining to the procedure in question are as follows: The plaintiff, Smith, has been an emplo......
  • Cukor v. Cukor., No. 1209.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • October 1, 1946
    ...of the Supreme Court of that State over the defendant in accordance with the decisions in Hillmer v. Grondahl, 109 Vt. 388, 390, 391, 199 A. 255, and Macauley v. Hyde, 114 Vt. 198, 204, 42 A.2d 482. This well recognized principle, however, is not applicable to the present situation. In an a......
  • Macauley v. Hyde., No. 1043.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • May 1, 1945
    ...Mead, 93 Vt. 322, 337, 107 A. 396; McLeod v. Connecticut & P. R. R. Co., 58 Vt. 727, 739, 6 A. 648; Hillmer v. Grondahl, 109 Vt. 388, 391, 199 A. 255, and cases cited. The declaration in the present case makes no mention whatever of the New York statutes and the offers were properly exclude......
  • Canfield v. Hall, No. 173
    • United States
    • Vermont United States State Supreme Court of Vermont
    • January 6, 1959
    ...amounting to conclusions of law are not admitted by a demurrer and are to be disregarded. Hilmer v. Grondahl, [121 Vt. 55] 109 Vt. 388-390, 199 A. 255; Smith v. Highway Board, 117 Vt. 343, 345, 91 A.2d Much of the plaintiffs' brief is devoted to argument of claimed facts that do not appear ......
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