Legal Opinion

Mottinger v. Hendricks

District Court, N.D. New York

Decided October 18, 1913Published

At Law. Action by Arthur S. Mottinger, as receiver of Aultman, Miller & Co., an Ohio corporation, against Francis Hendricks, as a stockholder in such corporation. On demurrer to the second, third, fourth, and fifth defenses pleaded in the answer.

1Opinion of the Court

RAY, District Judge.

The complaint alleges: That Aultman, Miller & Co. was incorporated under and pursuant to the laws of the state of Ohio, which laws, so far as deemed applicable or material here, are set out in the complaint; and that Francis Hendricks, defendant, then and now a resident of the state of New York, was and is a stockholder in said corporation to the extent of some $5,-800. That the said corporation became insolvent, did not and could not pay its just debts, and that under and pursuant to the laws and statutes of the state of Ohio certain proceedings were had and actions…

2Cases cited4 opinions

  1. Bernheimer v. ConverseSupreme Court of the United States · 1907
  2. Converse v. HamiltonSupreme Court of the United States · 1912
  3. Goss v. CarterCourt of Appeals for the Fifth Circuit · 1907
  4. Irvine v. PutnamU.S. Circuit Court for the District of Southern California · 1909

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