Thoroughgood v. Georgetown Water Co.
Court of Chancery of Delaware
Bill for the Appointment of a Receiver. The defendant Company, with an authorized capital stock of $25,000, was organized for the purpose of supplying water to the inhabitants of the town of Georgetown, and, under authority of its charter, on August 1st, 1902, executed a mortgage covering all of its propetry to secure bonds aggregating $25,000. In addition to said mortgage, there were liens against said Company, consisting of general judgments and mechanics’ liens, and other…
Read the full summary
Bill for the Appointment of a Receiver. The defendant Company, with an authorized capital stock of $25,000, was organized for the purpose of supplying water to the inhabitants of the town of Georgetown, and, under authority of its charter, on August 1st, 1902, executed a mortgage covering all of its propetry to secure bonds aggregating $25,000. In addition to said mortgage, there were liens against said Company, consisting of general judgments and mechanics’ liens, and other debts. The complainant, who was a bondholder, stockholder and creditor of the company, alleged insolvency, inasmuch as…
1Opinion of the Court
The Chancellor:
The subpoena was directed to three persons in a suit against the Georgetown Water Company, and was served personally on them. By the bill it appears that the three persons were part of the board of nine directors of the company, the complainant being another. This was an insufficient service, of course; but a general appearance for the company by its solicitor cured the defective service.
An answer was filed 'by the three directors named in the subpoena. This answer does not purport to be the answer of the company, but of the three directors, and they admit all of the…
2Cases cited6 opinions
- Sage v. Memphis & Little Rock RailroadSupreme Court of the United States · 1888
- Wayne Pike Co. v. HammonsIndiana Supreme Court · 1891
- Cowan v. Pennsylvania Plate Glass Co.Supreme Court of Pennsylvania · 1898
- Jones v. Mutual Fidelity Co.District Court, D. Delaware · 1903
- United States Shipbuilding Co. v. ConklinCourt of Appeals for the Third Circuit · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Pusey & Jones Co. v. HanssenSupreme Court of the United States · 1923
- Giuricich v. Emtrol Corp.Supreme Court of Delaware · 1982
- McDougall v. Huntingdon & Broad Top R. & C. Co.Supreme Court of Pennsylvania · 1928
- Clendaniel v. ConradSupreme Court of Delaware · 1912
- Drob v. National Memorial Park, Inc.Court of Chancery of Delaware · 1945
13 more not listed; retrieve them via the Exa API.