The Providence news. (Providence [R.I.]) 1891-1906, 1896-05-22
NOT SENTENCED.
AnImpOrtant Case iSHeard
OnDemurrerS.
Decision of Appellate Court in
a Slander Case.
Judge Douglass Grants Non-Suit.
Plead to Indictments.

Before Chief Justice Matteson ana JUS
tices stiness and TilIinghast was heard
today the demurrers in the case of Wing
a. Evans against John w. Slater. The
action is one brought by the plaintiffs,
judgment creditors Of the American
Wood Paper Co. against the defendant to
enforce an alleged liability as stock
holder under the public statute, Chapter
1855, sections IL, IL.
The three principal questions raised by
the demurrers are: first, does the statute
referred TO apply To corporations which
have not had and never had any manu-
featuring in this State? Second, did the
DEBT of the American Wood Paper Go. to
the plaintiff arise as they claim, Nov 8,
A. D.. 1891, or as the defendant insists,
towards the end of A. ID. 1892. Third,
does this action at l,w lie?-it appearing
that John ID. Wing, one of the plaintiff
co-partners, is the real owner of certain
stock in the A American Wood Paper Co.
standing in the name of William W.
Brown and that William Brown is
naked trustee for John ID. Wing as to
his stock and on this account should not
the suit have been brought in equityy
The American Wood Paper Co. was an
old corporation, incorporated under the
laws of the State and doing business at
Philadelphia. Wing and Evans recover
ed judgment against the corporation in
the common pleas division OF the Supreme
Court on certain promissory otes amount
ing 10 $40, 900 for salt delivered TO the
corporation. These notes were none OF
them due before Dec IL OF 1882, and on
that day the American Wood Paper Co.
made an assignment
The defendant contends th,t on Feb.
13, 1892, the American Wood Paper Go.
hled statement of its condition on Dec.
81, 1891, and that the "existing debts"
for which n stockholder is liable must be
strictly construed and that the defendant
cannot in this instance be held personally
liable because the dent sued under was
not due until Dec. II, 1892, long after
the return was made. Considerable stress
is laid on the fact in the Drief OF the de-
fendant's counsel that the law In regard
10 returns does not apply TO corporations
having no mandatory in this State. Ii
Is further claimed that II Wing. one of
the co-plaintiffs, is a stoclsholder in fact
of the corporation and its stockholders
are liable for the debts tue matter is one
of contribution.
The last point of the demurrers is that
the amount of stock held and its value by
the defendant should be clearly ststed.
whereas, in one place in the plaintiffs
declaration the value of the stock Is
placed at S234, 600 and in another c115, 900.
Arnold Green and James Tillinghast
represented the defendant and Rathbone
Gardner, the plaintiff
The latter argued that the American
Wood Paper Company had accepted
charter under the laws of the State OF
Rhode Island and had failed TO make the
returns required by law and that the de-
fendant in the action pending before the
court was liable under the laws of the
State. He contended that the action was
clearly maintainable at law and that the
fact that the corporation had no manu-
factory in this State in no way Affected
the liability of the company's stoclShoid-
ers.
The court held the matter for advise
ment.
DEFENDANT WANTS NEW TRIAL.
A hearing was had before the same
judges this afternoon on the defendants