Kirtley v. Holmes
Court of Appeals for the Sixth Circuit
Appeal from' the Circuit Court of the United States for the District of Kentucky. This case originated in the attempt of John E. Holmes, a receiver appointed for the purpose of collecting the stockholders’ liability of the Commercial Bank of Cincinnati, an insolvent corporation, to enforce the liability alleged to have been incurred by one John M. Kirtley as a stockholder in said bank.
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Appeal from' the Circuit Court of the United States for the District of Kentucky. This case originated in the attempt of John E. Holmes, a receiver appointed for the purpose of collecting the stockholders’ liability of the Commercial Bank of Cincinnati, an insolvent corporation, to enforce the liability alleged to have been incurred by one John M. Kirtley as a stockholder in said bank. It appears that on the 27th day of March, 1895, the Commercial Bank made an assignment for the benefit of its creditors under the laws of the state of Ohio. On the day following, one Albert Berger filed his…
1Opinion of the CourtDay, Circuit Judge
The principal question in the case is as to the right to enforce the so-called “stockholders’ liability” arising under the constitution and laws of the state of Ohio in a court of the United States in a state other than the one in which the liability arose. The stockholders’ liability in the state of Ohio is created primarily by the constitution of the state. Article 13, § 3, of the constitution of Ohio provides:
“Dues from corporations shall be secured, by such individual liability of the stockholders, and other means, as may be prescribed by law; but, in all cases, each stockholder shall be…
2Cases cited11 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887
- Whitman v. Oxford National BankSupreme Court of the United States · 1900
- Flash v. ConnSupreme Court of the United States · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Tuttle v. StovallSupreme Court of Georgia · 1910
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- Richardson v. South Florida Mortgage Co.Supreme Court of Florida · 1931
- Desper v. Warner Holding Co.Supreme Court of Minnesota · 1945
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