Legal Opinion

In re Jassoy Co.

Court of Appeals for the Second Circuit

Decided April 4, 1910No. 110PublishedCited by 19 opinions

Petition to Review and Appeal from the District Court of the United States for the Southern District of New York. In the matter of the Jassoy Company, bankrupt. On petition to review and appeal from an order of the District Court by Ingomar Goldsmith and Frederick Goldsmith. The Jassoy Company is a corporation organized under the laws of the state of New York for the purpose of carrying on a manufacturing jewelry business.

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Petition to Review and Appeal from the District Court of the United States for the Southern District of New York. In the matter of the Jassoy Company, bankrupt. On petition to review and appeal from an order of the District Court by Ingomar Goldsmith and Frederick Goldsmith. The Jassoy Company is a corporation organized under the laws of the state of New York for the purpose of carrying on a manufacturing jewelry business. The total amount' of the capital stock was $21,000, of which $20,000 was issued in equal amounts to the two appellants. In payment for said stock the corporation received…

1Opinion of the Court

'RACOMBE, Circuit Judge

(after stating the facts as above). The bankrupt being a New York corporation, the right to levy assessment or to take other action to collect from its stockholders must be found in the statutes of this state. There was no such right at common law, where an original contract of subscription did not exist. Moreover in the federal courts the statute will be construed in strict conformity to the construction placed upon it by the Court of Appeals of the state. The relevant provisions of the stock corporation law of New York (Raws 1892, c. 688), as it existed at the time of…

2Cases cited12 opinions

  1. Skilton v. . CodingtonNew York Court of Appeals · 1906
  2. Zartman v. First National BankNew York Court of Appeals · 1907
  3. Shellington v. . HowlandNew York Court of Appeals · 1873
  4. Pfohl v. . SimpsonNew York Court of Appeals · 1878
  5. In re Remington Automobile & Motor Co.Court of Appeals for the Second Circuit · 1907

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3Cited by19 opinions

  1. Alsop v. ConwayCourt of Appeals for the Sixth Circuit · 1911
  2. Babbitt v. ReadCourt of Appeals for the Second Circuit · 1916
  3. Kiskadden v. SteinleCourt of Appeals for the Sixth Circuit · 1913
  4. John V. Farwell Co. v. Jackson StoresSupreme Court of Georgia · 1911
  5. Courtney v. GeorgerCourt of Appeals for the Second Circuit · 1915

14 more not listed; retrieve them via the Exa API.

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