Fogg v. Blair
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. The court stated the case as follows: The appellant Fogg brought this suit to recover from the .appellee Blair the -amount of a judgment obtained by him against an insolvent railroad corporation.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. The court stated the case as follows: The appellant Fogg brought this suit to recover from the .appellee Blair the -amount of a judgment obtained by him against an insolvent railroad corporation. The general ground upon'which it is sought to make the appellee liable is, that he holds stock of that corporation upon which he is alleged to owe more than is sufficient to discharge appellant’s judgment against it. The case was determined upon demurrer to the bill, which makes the following showing: The St.…
1Opinion of the CourtJustice Hablan
It is the settled doctrine of this court, as well as of the Supreme Court of Missouri, that unpaid subscriptions to the stock of a corporation constitute a trust fund for the benefit of its creditors, which may not be given away or disposed of by it, without consideration or fraudulently, to the prejudice of such creditors. New Albany v. Burke, 11 Wall. 96, 106; Sawyer v. Hoag, 17 Wall. 610, 620; Upton, Assignee v. Tribilcock, 91 U. S. 45; Sanger v. Upton, Assignee, 91 U. S. 56; Webster v. Upton, Assignee, 91 U. S. 65; County of Morgan v. Allen, 103 U. S. 498, 509; Scovill v. Thayer, 105 U.…
2Cases cited13 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Scovill v. ThayerSupreme Court of the United States · 1882
- Sanger v. UptonSupreme Court of the United States · 1875
- Sawyer v. HoagSupreme Court of the United States · 1873
- Hawkins v. GlennSupreme Court of the United States · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- Virginia v. West VirginiaSupreme Court of the United States · 1915
- Camden v. StuartSupreme Court of the United States · 1892
- Toledo, St. L. & K. C. R. v. Continental Trust Co.Court of Appeals for the Sixth Circuit · 1899
- Loth v. LothSupreme Court of Minnesota · 1949
- Missouri v. DockerySupreme Court of the United States · 1903
78 more not listed; retrieve them via the Exa API.