Oehring v. Fox Typewriter Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Southern Division of die Western District of Michigan; Clarence W. Sessions, Judge. Action by August J. Oehring against the Fox Typewriter Company and others. From a judgment for defendants, plaintiff appeals. The Fox! Typewriter Company was a Michigan corporation, which had been originally engaged in the manufacture of woodworking machinery and tools, and later added the making of typewriters.
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Appeal from the District Court of the United States for the Southern Division of die Western District of Michigan; Clarence W. Sessions, Judge. Action by August J. Oehring against the Fox Typewriter Company and others. From a judgment for defendants, plaintiff appeals. The Fox! Typewriter Company was a Michigan corporation, which had been originally engaged in the manufacture of woodworking machinery and tools, and later added the making of typewriters. It was not successful, was largely indebted to the local banks, its management was not satisfactory to the creditors, and representatives of…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] 1. The plaintiff has no right to relief as upon a reorganization, under the doctrine of Northern Pacific v. Boyd, 228 U. S. 482, 33 Sup. Ct. 554, 57 L. Ed. 931, and Grenell v. Detroit Co., 112 Mich. 70, 70 N. W. 413. In that line of cases there is a reorganization in which the old stockholders obtain an interest in the new company by virtue of and in consideration of their old stock, and therefore receive from that stock a benefit to which they are not rightfully entitled until after the payment of all debts due by the old company, and it is only this…
2Cases cited6 opinions
- Northern Pacific Railway Co. v. BoydSupreme Court of the United States · 1913
- Coit v. Gold Amalgamating Co.Supreme Court of the United States · 1886
- Grenell v. Detroit Gas Co.Michigan Supreme Court · 1897
- Young v. Erie Iron Co.Michigan Supreme Court · 1887
- City of Cleveland v. ChisholmCourt of Appeals for the Sixth Circuit · 1898
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3Cited by4 opinions
- Grossberger v. B. F. Goodrich Rubber Co.Court of Appeals for the Sixth Circuit · 1925
- Weaver v. Pennsylvania-Ohio Power & Light Co.Court of Appeals for the Sixth Circuit · 1926
- Burget v. CranstonCourt of Appeals for the Sixth Circuit · 1924
- Lindh v. Booth Fisheries Corp.Court of Appeals for the Ninth Circuit · 1935