Bell & Coggeshall Co. v. Kentucky Glass Works Co.
Court of Appeals of Kentucky
Case 2 — LIQUIDATION OF AFFAIRS OF INSOLVENT CORPORATION — APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVIVION. 'Counsel discussed seriatim the points urged for reversal and cited Morawetz on Private Corporations, secs. 600, 680, 689, 695, 696, 711; National Bank v. Matthews, 98 U. S., 624; Silver Lake Bank v. North, 4 Johnson Chan. Reps., 370. 1. The opinion delivered is erroneous in holding the deed and mortgage to ibe void. Ky.
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Case 2 — LIQUIDATION OF AFFAIRS OF INSOLVENT CORPORATION — APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVIVION. 'Counsel discussed seriatim the points urged for reversal and cited Morawetz on Private Corporations, secs. 600, 680, 689, 695, 696, 711; National Bank v. Matthews, 98 U. S., 624; Silver Lake Bank v. North, 4 Johnson Chan. Reps., 370. 1. The opinion delivered is erroneous in holding the deed and mortgage to ibe void. Ky. Stats., sec. 542; Thompson on Corps., secs. 6133, 6136, 6179, 6184, 6165, 5318; Pools, v. West Point Butter Assn., 30 Fed. Rep., 513; McElroy v. Minnesota…
1Opinion of the Court
JUDGE DoRELLE
delivered the opinion of the court. ’
The questions presented by this appeal grow out of a contest between the creditors of the Kentucky Glass Works Company, an insolvent corporation. The' company was incorporated in 1879 under the general corporation act; it being provided in the articles of incorporation that the general business of the corporation proposed to be transacted is the manufacture of glass in all its forms, and for all the purposes for which it is manufactured. The capital stock was fixed at $12,000.
By the fourth paragraph it was provided: “The business and affairs…
2Cases cited5 opinions
- Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaCourt of Appeals for the Eighth Circuit · 1897
- Sherman v. FitchMassachusetts Supreme Judicial Court · 1867
- Eureka Iron & Steel Works v. BresnahanMichigan Supreme Court · 1886
- McElroy v. Minnesota Percheron Horse Co.Wisconsin Supreme Court · 1897
- First National Bank v. D. Kiefer Milling Co.Court of Appeals of Kentucky · 1893
3Cited by25 opinions
- In Re American Fuel & Power Co.Court of Appeals for the Sixth Circuit · 1945
- Citizens Bank v. Bank of WaddyCourt of Appeals of Kentucky · 1907
- American Southern National Bank v. SmithCourt of Appeals of Kentucky · 1916
- Cunningham v. German Ins. BankCourt of Appeals for the Sixth Circuit · 1900
- Enterprise Foundry & MacHine Works v. Miners' Elkhorn Coal Co.Court of Appeals of Kentucky (pre-1976) · 1931
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