Ulness v. Dunnell

3 Citing cases

  1. Bonde v. Stern

    14 N.W.2d 249 (N.D. 1944)   Cited 4 times
    In Bonde v. Stern, 73 N.D. 273, 14 N.W.2d 249 (1944), we traced the statute here in question back to the New York Code and cited and discussed many of the New York cases construing the New York Code provision.

    The defendant cannot demur upon the ground that there are too many plaintiffs or defendants, but may do so if the petition shows that others should be joined. It must be a defect and not a misjoinder. Ulness v. Dunnell, 61 N.D. 95, 237 N.W. 208. NUESSLE, J.

  2. Crane-Johnson Co. v. Commissioner

    105 F.2d 740 (8th Cir. 1939)   Cited 19 times

    The Supreme Court of North Dakota has held that a dividend can not rightfully be declared by a corporation except out of the profits earned by it, and that this principle is embodied in the North Dakota statutes above referred to. Ulness v. Dunnell, 61 N.D. 95, 237 N.W. 208. Similar statutory provisions were in existence when petitioner was incorporated. The question for determination is whether, within the purview of Section 26(c)(1) of the Revenue Act of 1936, petitioner's charter, including as it doubtless does the North Dakota statutes, constituted a "written contract executed by the corporation."

  3. Byrne v. Federal Land Bank

    237 N.W. 797 (N.D. 1931)   Cited 18 times

    His rights are not superior to the rights of any other stockholder in the corporation. We have already shown that a solvent corporation cannot declare and pay dividends out of its capital stock so as to render itself insolvent (Ulness v. Dunnell, ante 95, 237 N.W. 208) and if a solvent corporation cannot do this, how may an inolvent corporation pay one stockholder for his stock? The plaintiff is co-operative when he desires a loan and needs the assistance of his neighbors; but becomes extremely individualistic when the loan is paid.