Moody-Hormann-Boelhauwe v. Clinton Wire Cloth Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Western District of Texas; Duval West, Judge. In the matter of the bankruptcy of Moody-Hormann-Boelhauwe, a corporation. On petition of the Clinton Wire Cloth Company and others, after the demurrer of W. C. Moody, Karl E. Hormann, and Charles T. Boelhauwe was overruled, Moody-Hormann-Boelhauwe, a corporation, after jury trial, was adjudicated a bankrupt, and the individual defendants appeal.
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Appeal from the District Court of the United States for the Western District of Texas; Duval West, Judge. In the matter of the bankruptcy of Moody-Hormann-Boelhauwe, a corporation. On petition of the Clinton Wire Cloth Company and others, after the demurrer of W. C. Moody, Karl E. Hormann, and Charles T. Boelhauwe was overruled, Moody-Hormann-Boelhauwe, a corporation, after jury trial, was adjudicated a bankrupt, and the individual defendants appeal. The petition of creditors of Moody-Hormann-Boelhauwe, a corporation organized under the laws of the state of Texas, to have that corporation…
1Opinion of the CourtWalker, Circuit Judge
(after stating the facts as above). [1] The Texas statute provides that “a corporation is dissolved * * * where four-filths in interest of all the stock outstanding shall vote in favor of a dissolution at a stockholders’ meeting called for that purpose” in a manner prescribed by ihe statute, and a prescribed certificate showing such action is filed with the Secretary of State. Revised Statutes of Texas (1911), art. 1205. The two articles of the Revised Statutes immediately succeeding the one just cited are the following:
“Art. 1206. Upon the dissolution of any corporation, unless a receiver is…
2Cases cited5 opinions
- Bryan v. BernheimerSupreme Court of the United States · 1901
- West Co. v. LeaSupreme Court of the United States · 1899
- In re Louis Neuburger, Inc.Court of Appeals for the Second Circuit · 1917
- In re Thomlinson Co.Court of Appeals for the Eighth Circuit · 1907
- In re UtleyDistrict Court, E.D. Pennsylvania · 1916
3Cited by9 opinions
- Howell Turpentine Co. v. CommissionerUnited States Tax Court · 1946
- Taylor Oil & Gas Co. v. CommissionerUnited States Board of Tax Appeals · 1929
- Bramwell v. United States Fidelity & Guaranty Co.Court of Appeals for the Ninth Circuit · 1924
- Davis v. Miller-Link Lumber Co.Court of Appeals for the Fifth Circuit · 1924
- Trustees for the Creditors & Stockholders of Gonzolus Creek Oil Co. v. CommissionerUnited States Board of Tax Appeals · 1928
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