Legal Opinion

Shaw v. Lincoln Hotel Corp.

Court of Chancery of Delaware

Decided July 22, 1931PublishedCited by 2 opinions

1Opinion of the Court

The Chancellor:

The receiver, by his solicitor, does not ask for any personal decree against Himes. All that he asks is for the court to make an assessment upon' unpaid stock in order to put the corporation’s receiver in the possession of funds necessary to pay the insolvent’s debts and defray the expense incidental thereto which the delinquency of the assessable stockholder has necessitated. The propriety of such a proceeding as this in an insolvency cause has been adjudged by the Supreme Court of the State in Cooney v. Arlington Hotel Co., 11 Del. Ch. 430, 106 A. 39, affirming 11 Del. Ch.…

2Cases cited5 opinions

  1. Great Western Telegraph Co. v. PurdySupreme Court of the United States · 1896
  2. John W. Cooney Co. v. Arlington Hotel Co.Court of Chancery of Delaware · 1917
  3. John W. Cooney Co. v. Arlington Hotel Co.Supreme Court of Delaware · 1918
  4. Brown v. AllebachU.S. Circuit Court for the District of Eastern Pennsylvania · 1907
  5. Paine v. MuellerSupreme Court of Iowa · 1911

3Cited by2 opinions

  1. Philips v. SlocombSuperior Court of Delaware · 1933
  2. Carpenter v. Griffith Mortgage Corp.Court of Chancery of Delaware · 1934

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