Legal Opinion

Courtney v. Croxton

Court of Appeals for the Sixth Circuit

Decided February 6, 1917No. 2931PublishedCited by 12 opinions

Appeal from the District Court of the United States for the Western District of Michigan; Clarence W. Sessions, Judge. In the matter of the Huron Iron Mining Company, bankrupt. Claim by S. W. Croxton and others against Joseph S. Courtney, as trustee in bankruptcy. Prom jan order allowing the claims, without deduction for indebtedness of the claimant to the bankrupt, the trustee appeals.

1Opinion of the Court

KNAPPEN, Circuit Judge.

Appeal from an order allowing claims of stockholder creditors. The Huron Iron Mining Company was incorporated. in 1906, under the laws of Minnesota, with a nominal capital stock of $1,500,000, consisting of 15,000 shares, of $100 each. Each of the claimants became a stockholder, and each paid for his stock $10 per share (10 per cent, of its par value), and by express agreement with the corporation received certificates of “full-paid and nonassessable” stock. The corporation later, being in need of money, attempted to borrow $75,000, and asked its stockholders to…

2Cases cited17 opinions

  1. Thompson v. FairbanksSupreme Court of the United States · 1905
  2. Bernheimer v. ConverseSupreme Court of the United States · 1907
  3. Converse v. HamiltonSupreme Court of the United States · 1912
  4. Supreme Council of the Royal Arcanum v. GreenSupreme Court of the United States · 1915
  5. Hospes v. Northwestern Manuf'g & Car Co.Supreme Court of Minnesota · 1892

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3Cited by12 opinions

  1. Harrigan v. BergdollSupreme Court of the United States · 1926
  2. Petition of StuartCourt of Appeals for the Sixth Circuit · 1921
  3. Simons v. ThompsonCourt of Appeals for the Sixth Circuit · 1923
  4. Sterrett v. Second Nat. Bank of CincinnatiCourt of Appeals for the Sixth Circuit · 1917
  5. Morris v. SampsellWisconsin Supreme Court · 1937

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