====== N.D. Const. art. XII, § 9 — Research ======

**Repealed.** Text of the section: [[.:start|current and prior versions]].

Every citing reference in the corpus: **7** court opinions and **4** Attorney General opinions. Counts include the section's pre-1981 designation (§ 138), era-gated by the renumbering crosswalk.

//Generated from the citation graph of the validated corpus. Treatment groupings (construing / citing / recital) are heuristic reading aids, not editorial judgments — read the opinion before relying on any signal.//

===== Cases by topic =====

//Topics are machine-generated groupings of the citing references — reading aids, not editorial judgments. Documents cited after the last classification pass appear in the lists below until the next pass.//

== Stock issued without lawful consideration ==

  * N.D. Att'y Gen.: [[https://attorneygeneral.nd.gov/wp-content/uploads/2023/04/57-180.pdf|N.D. Op. Att'y Gen. 57-180 (1957)]]
  * Bryan v. Northwest Beverages, Inc., [[https://www.courtlistener.com/opinion/3934264/bryan-v-northwest-beverages-inc/|1939 ND 22]] (1939, Englert, J.)
  * McAndrews v. Idawa Gold Mining Co., [[https://www.courtlistener.com/opinion/3935098/mcandrews-v-idawa-gold-mining-co/|1926 ND 143]] (1926, McKenna, J.)
  * Baird v. Kilene, [[https://www.courtlistener.com/opinion/3935224/baird-v-kilene/|1925 ND 110]] (1925, Johnson, J.)  ·  construes
    * //“…%%Syllabus by the Court. Under section 138 of the state Constitution and section 4529, C. L. 1913, a promissory note, given by a prospective stockholder, cannot be considered as payment of any part of the capital stock. When an application is made to become a%%…”//
  * Lavell v. Bullock, [[https://www.courtlistener.com/opinion/6850684/lavell-v-bullock/|1919 ND 175]] (1919, Robinson, J.)
  * German Mercantile Co. v. Wanner, [[https://www.courtlistener.com/opinion/6849366/german-mercantile-co-v-wanner/|1913 ND 75]] (1913, Spalding, J.)  ·  construes
    * //“…%%yllabus by the Court. In an action brought by plaintiff, a domestic corporation, on a promissory note given it by defendant for 20 shares of plaintiff's capital stock, it is held that such a note is "property," and not included in the prohibition contained in section 138 of the Constitution, which prohibits any corporation from issuing stock except for money, labor done, or money or property actually received. The purchaser of stock in a corporation, which has been duly organized and%%…”//

== Bonds and evidences of indebtedness ==

  * N.D. Att'y Gen.: [[https://attorneygeneral.nd.gov/wp-content/uploads/2023/03/79-26.pdf|N.D. Op. Att'y Gen. 79-26 (1979)]]
  * Dakota Trust Co. v. Lucky Strike Coal Co. (Anders, Interveners), [[https://www.courtlistener.com/opinion/3933837/dakota-trust-co-v-lucky-strike-coal-co/|1927 ND 95]] (1927, Birdzell, J.)

== Increases of capital stock ==

  * N.D. Att'y Gen.: [[https://attorneygeneral.nd.gov/wp-content/uploads/2023/03/65-56.pdf|N.D. Op. Att'y Gen. 65-56 (1965)]]
  * N.D. Att'y Gen.: [[https://attorneygeneral.nd.gov/wp-content/uploads/2023/04/50-27.pdf|N.D. Op. Att'y Gen. 50-27 (1950)]]
  * Missouri Valley Grocery Co. v. Hall, [[https://www.courtlistener.com/opinion/6850876/missouri-valley-grocery-co-v-hall/|1920 ND 63]] (1920, Birdzell, J.)  ·  construes
    * //“…%%d as to give to it the meaning which the Legislature had in mind in employing it. In ascertaining the legislative intention in this connection, reference will be made to various provisions of the Constitution and statutes which seem to bear upon the question. Section 138 of the Constitution provides that the stock of a corporation shall not be increased except in pursuance of general law, nor without the consent of the persons holding the larger amount in value of the stock, which conse%%…”//

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