Legal Opinion

Cole v. National Cash Credit Ass'n.

Court of Chancery of Delaware

Decided July 8, 1931PublishedCited by 4 opinions

1Opinion of the Court

The rules for preliminary injunction in these two cases were heard together. In disposing of the rules, I shall first take notice of the suit filed by the Journal Square Bank Building Company.

Bill of Journal Square Bank Building Company.

[1, 2] The complainant in this suit is a creditor of the defendant. As a general proposition, it is not permitted to a creditor of a corporation to prevent its merger or consolidation with another if the statutory law of its creation authorizes it. 7 Fletcher, Cyc. of Corp. p. 8329; Id. 8411; 8 Thompson on Corporations (3d Ed.) § 6037. A review of the cases…

2Cases cited12 opinions

  1. Allied Chemical & Dye Corp. v. Steel & Tube Co. of AmericaCourt of Chancery of Delaware · 1923
  2. General Inv. Co. v. Lake Shore & M. S. Ry. Co.Court of Appeals for the Sixth Circuit · 1918
  3. Davis v. Louisville Gas Electric Co.Court of Chancery of Delaware · 1928
  4. Robinson v. Pittsburgh Oil Refining Corp.Court of Chancery of Delaware · 1924
  5. Colgate v. United States Leather Co.New Jersey Court of Chancery · 1907

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

3Cited by4 opinions

  1. Corwin v. KKR Financial Holdings LLCSupreme Court of Delaware · 2015
  2. Hartford Accident & Indemnity Co. v. W. S. Dickey Clay Manufacturing Co.Court of Chancery of Delaware · 1941
  3. Weinberger v. United Financial Corp. of Cal.Court of Chancery of Delaware · 1979
  4. Stream TV Networks, Inc. v. SeeCubic, Inc.Court of Chancery of Delaware · 2020

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