Harth v. Druggan

Ohio Court of Appeals

Harth v. Druggan

27 Ohio C.C. Dec. 383

DecidedJune 19, 1916

StatusPublished

This text of 27 Ohio C.C. Dec. 383 (Harth v. Druggan) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harth v. Druggan, 27 Ohio C.C. Dec. 383 (Ohio Ct. App. 1916).

Pincite

Opinion

JONES, E. H., J.

Much of the brief of counsel for plaintiffs in error is devoted to an attempt to show that these proceedings, brought to collect unpaid subscriptions to the capital stock of a corporation,, are barred by Sec. 8688 G-. C. which provides:

“An action upon the liability of stockholders under the twp next preceding sections, can only be brought within eighteen months after the debt or obligation shall become enforcible against stockholders. ’ ’

[384]*384As pointed out in the brief of defendant in error tbis question has been decided very recently by our Supreme Court in Bauman v. Kiskadden, 93 Ohio St. 000 (61 Bull. 147). The syllabus of the ease is all that is given, but it is so directly in point as to leave nothing for this court to consider upon the question here presented, and we must hold that these actions were brought within time and are not barred.

The common pleas court of Franklin county allowed the receiver $350 for compensation and expenses including attorney’s fees. The assets of the defunct corporation coming into the receiver’s hands amounted to only $75. The court must have considered the costs and expenses of these proceedings not at the time commenced, in fixing the fees. The cost and expenses of bringing the $75 into court was a proper charge against the delinquent stockholders. But we doubt the power of the court to include in the judgment finding the liability of the stockholders an estimated fee for attorneys in a future action to enforce the stockholders’ liability or collect unpaid subscriptions. The allowance made was nearly five times the amount of the assets in the hands of the receiver, so that it is evident that the court considered the services of the attorneys in this proceeding when fixing the allowance.

For a discussion of this question see Buist v. Williams, 81 S. C. 495, 499 [62 S. E. Rep. 859].

But this is aside from the record before us. We have no power to interfere with the judgment of the Franklin county court in the receivership case and for that obvious reason are not asked to do so by the pleadings.

We find no error in the proceedings under review, and the judgments are affirmed.

Jones, O. B. and Gorman, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

JONES, E. H., J.

Much of the brief of counsel for plaintiffs in error is devoted to an attempt to show that these proceedings, brought to collect unpaid subscriptions to the capital stock of a corporation,, are barred by Sec. 8688 G-. C. which provides:

“An action upon the liability of stockholders under the twp next preceding sections, can only be brought within eighteen months after the debt or obligation shall become enforcible against stockholders. ’ ’

[384]*384As pointed out in the brief of defendant in error tbis question has been decided very recently by our Supreme Court in Bauman v. Kiskadden, 93 Ohio St. 000 (61 Bull. 147). The syllabus of the ease is all that is given, but it is so directly in point as to leave nothing for this court to consider upon the question here presented, and we must hold that these actions were brought within time and are not barred.

The common pleas court of Franklin county allowed the receiver $350 for compensation and expenses including attorney’s fees. The assets of the defunct corporation coming into the receiver’s hands amounted to only $75. The court must have considered the costs and expenses of these proceedings not at the time commenced, in fixing the fees. The cost and expenses of bringing the $75 into court was a proper charge against the delinquent stockholders. But we doubt the power of the court to include in the judgment finding the liability of the stockholders an estimated fee for attorneys in a future action to enforce the stockholders’ liability or collect unpaid subscriptions. The allowance made was nearly five times the amount of the assets in the hands of the receiver, so that it is evident that the court considered the services of the attorneys in this proceeding when fixing the allowance.

For a discussion of this question see Buist v. Williams, 81 S. C. 495, 499 [62 S. E. Rep. 859].

But this is aside from the record before us. We have no power to interfere with the judgment of the Franklin county court in the receivership case and for that obvious reason are not asked to do so by the pleadings.

We find no error in the proceedings under review, and the judgments are affirmed.

Jones, O. B. and Gorman, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

27 Ohio C.C. Dec. 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harth-v-druggan-ohioctapp-1916.

Opinion

Related

Cite This Page — Counsel Stack