Cole v. National Cash Credit Ass'n.
Court of Chancery of Delaware
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
- Allied Chemical & Dye Corp. v. Steel & Tube Co. of AmericaCourt of Chancery of Delaware · 1923
- General Inv. Co. v. Lake Shore & M. S. Ry. Co.Court of Appeals for the Sixth Circuit · 1918
- Davis v. Louisville Gas Electric Co.Court of Chancery of Delaware · 1928
- Robinson v. Pittsburgh Oil Refining Corp.Court of Chancery of Delaware · 1924
- Colgate v. United States Leather Co.New Jersey Court of Chancery · 1907
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3Cited by4 opinions
- Corwin v. KKR Financial Holdings LLCSupreme Court of Delaware · 2015
- Hartford Accident & Indemnity Co. v. W. S. Dickey Clay Manufacturing Co.Court of Chancery of Delaware · 1941
- Weinberger v. United Financial Corp. of Cal.Court of Chancery of Delaware · 1979
- Stream TV Networks, Inc. v. SeeCubic, Inc.Court of Chancery of Delaware · 2020