Warren Scharf Asphalt Paving Co. v. Secretary of State

Michigan Supreme Court

Warren Scharf Asphalt Paving Co. v. Secretary of State

1 McGrath 1708, 4 Daily L.N. 819

DecidedDecember 7, 1897

StatusPublished

This text of 1 McGrath 1708 (Warren Scharf Asphalt Paving Co. v. Secretary of State) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Warren Scharf Asphalt Paving Co. v. Secretary of State, 1 McGrath 1708, 4 Daily L.N. 819 (Mich. 1897).

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Opinion

To compel respondent to record certificates of increase of capital stock.

Granted December 7, 1897.

Relator had, from time to time prior to April, 1891, increased ’ its capital stock from $60,000 to $750,000, and in May, 1895, it was increased to $950,000, but no certificates of such increases had been filed. In September, 1897, relator filed the certificates of increase with a recording fee of one dollar, and a franchise fee of one-half of one mill provided for by the Act of 1893, on the last, increase of capital. Respondent insisted upon a franchise fee of one-half of one mill on the prior increases as well, but the court held that the Act of 1893 was not retroactive.

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To compel respondent to record certificates of increase of capital stock.

Granted December 7, 1897.

Relator had, from time to time prior to April, 1891, increased ’ its capital stock from $60,000 to $750,000, and in May, 1895, it was increased to $950,000, but no certificates of such increases had been filed. In September, 1897, relator filed the certificates of increase with a recording fee of one dollar, and a franchise fee of one-half of one mill provided for by the Act of 1893, on the last, increase of capital. Respondent insisted upon a franchise fee of one-half of one mill on the prior increases as well, but the court held that the Act of 1893 was not retroactive.

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1 McGrath 1708, 4 Daily L.N. 819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-scharf-asphalt-paving-co-v-secretary-of-state-mich-1897.