Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...we are satisfied that the fundamental principles of government declared by our bill of rights clearly and unequivocally prohibit legislation of the character of that involved in this case. Corporations--Liability Of Stockholders For Wages.--Section 41jlc8 of volume 3, Howell's Annotated Statutes of Michigan, provides that stockholders of manufacturing corporations "shall be individually liable for all labor performed for such corporations, which said liability may be enforced against any stockholder by action founded on this statute, at any time after an execution shall be returned unsatisfied in whole or in part against the corporation," etc. Under this statute suit was brought before a justice of the peace byRalph Kamp against Peter Wintermute, a stockholder in the Cheesman and Kelly Manufacturing Company, to recover for personal work and labor performed by Kamp for the company before Wintermute became a stockholder therein. The justice gave judgment for Kamp, and the cause was removed to the circuit court of Muskegon County by 3687--No. 4 7 writ of certiorari and there the judgment of the justice was reversed. The case was then carried to the supreme court of Michigan, which affirmed the judgment of the circuit court, holding that the statute in question does not make a stockholder liable for labor performed before he became a stockholder. The opinion of the supreme court was delivered by Judge Long, and is published in volume 65 of the Northwestern Keporter, pago 570. In the course of the opinion Judge Long said: It is conceded in this court that the defendant was not a stockholder in the corporation at the time the labor was performed; but, as shown on the trial before the justice, he was a stockholder at the time suit was...