Holmes v. Sherwood
United States Circuit Court
Suit in equity by certain judgment creditors of an insolvent corporation and the receiver of said corporation, appointed by the superior court of Cook county, Illinois, against the stockholders of said corporation residing in Iowa, to compel payment by them of the unpaid stock due to the corporation from each of them, in so far as necessary to satisfy the debts due by the corporation to the complainants, and such other creditors as may become parties to the suit, with…
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Suit in equity by certain judgment creditors of an insolvent corporation and the receiver of said corporation, appointed by the superior court of Cook county, Illinois, against the stockholders of said corporation residing in Iowa, to compel payment by them of the unpaid stock due to the corporation from each of them, in so far as necessary to satisfy the debts due by the corporation to the complainants, and such other creditors as may become parties to the suit, with interest and costs. Defendants demurred to the bill
1Opinion of the CourtMcCrary, J.
1. It is insisted that the bill is multifarious in the misjoinder of the.receiver appointed by the Illinois court and the creditors of the corporation; and it is argued under this head, in the brief filed, that the receiver is the only party with right to sue. As I remember the oral argument of respondents’ counsel, it was suggested that the receiver, having been appointed by a foreign court, had no right to sue in this forum at all; and this latter question must be disposed of before we can determine thp question of multi*727fariousness. If the receiver has no right to sue, the case must be…
2Cases cited10 opinions
- Booth v. ClarkSupreme Court of the United States · 1855
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
- Ogilvie v. Knox Insurance Co.Supreme Court of the United States · 1860
- Vose v. GrantMassachusetts Supreme Judicial Court · 1819
- Adler v. Milwaukee Patent Brick Manufacturing Co.Wisconsin Supreme Court · 1860
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3Cited by4 opinions
- Feehan v. KendrickIdaho Supreme Court · 1918
- Ross-Meehan Brake Shoe Foundry Co. v. Southern Malleable Iron Co.U.S. Circuit Court for the District of Eastern Tennessee · 1896
- Ashcraft v. BreamDistrict Court, M.D. Pennsylvania · 1931
- New York Life Ins. v. BeardU.S. Circuit Court for the District of Kansas · 1897