John A. Roeblings Sons Co. v. Mode
Superior Court of Delaware
Demurrer, Action on the case (No. 179, May Term, 1897). The declaration, in substance, and the pleas are set out in the opinion of the court.
1Opinion of the Court
Tore, C. J-:—
By an action on the case in this suit, the plaintiff seeks to hold the defendant individually liable for a judgment due to the plaintiff from the ‘‘Kent Iron and Hardware Company,” an insolvent corporation of the State of Delaware ; upon the ground that the defendant was one of the directors of the said corporation, and participated in an illegal dividend, which was declared and paid, not out of the net earnings or surplus of the company but in diminution of its capital stock.
The declaration of the plaintiff contains four counts ; all of which are substantially the same.
The…
2Cases cited1 opinion
- Patterson v. StewartSupreme Court of Minnesota · 1889
3Cited by7 opinions
- Responsible Person of Musicland Holding Corp. v. Best Buy Co. (In Re Musicland Holding Corp.)United States Bankruptcy Court, S.D. New York · 2008
- Lone Star Industries, Inc. v. RedwineCourt of Appeals for the Fifth Circuit · 1985
- Stratton v. BertlesAppellate Division of the Supreme Court of the State of New York · 1933
- Morris v. SampsellWisconsin Supreme Court · 1937
- JPMorgan Chase Bank, N.A. v. Claudio BallardCourt of Chancery of Delaware · 2019
2 more not listed; retrieve them via the Exa API.