Legal Opinion

Germann v. Farmers Tobacco Warehouse Co., Etc.

Court of Appeals of Kentucky (pre-1976)

Decided June 21, 1935PublishedCited by 4 opinions

1Opinion of the Court

Opinion op the Court by

Stanley, Commissioner—.Affirming.

The point for decision is whether a solvent corporation with the consent of all its stockholders and creditors may purchase a portion of its own stock for the purpose of retirement and reducing its capital.

The Farmers Tobacco Warehouse Company of Danville is a Kentucky corporation having but few stockholders. Because of dissension regarding management. a contract was made by the directors and three of the stockholders whereby it was agreed that for the conveyance of certain property and the payment of $3,000 the appellants sold to the…

2Cases cited4 opinions

  1. In re Castle Braid Co.District Court, S.D. New York · 1906
  2. Shoemaker v. Washburn Lumber Co.Wisconsin Supreme Court · 1897
  3. Ecker v. Kentucky Refining Co.Court of Appeals of Kentucky · 1911
  4. Merchants' Wholesale Grocery Co. v. Bond-Foley Lumber Co.Court of Appeals of Kentucky (pre-1976) · 1927

3Cited by4 opinions

  1. Covey v. Covey's Little America, Inc.Wyoming Supreme Court · 1963
  2. Long v. MayoCourt of Appeals of Kentucky (pre-1976) · 1937
  3. England v. ChristensenCalifornia Court of Appeal · 1966
  4. Lyons v. SachsCourt of Appeals for the Sixth Circuit · 1942

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