John W. Cooney Co. v. Arlington Hotel Co.
Supreme Court of Delaware
Appeal from the Court of Chancery. Upon a bill filed in the court below by John W. Cooney Company, a judgment creditor, on behalf of itself and all other creditors, against Arlington Hotel Company, receivers were appointed, who thereafter presented to the Chancellor a petition praying that an assessment be levied against subscribers to the capital stock of the Arlington Hotel Company who had failed to pay in full the amounts of their respective subscriptions.
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Appeal from the Court of Chancery. Upon a bill filed in the court below by John W. Cooney Company, a judgment creditor, on behalf of itself and all other creditors, against Arlington Hotel Company, receivers were appointed, who thereafter presented to the Chancellor a petition praying that an assessment be levied against subscribers to the capital stock of the Arlington Hotel Company who had failed to pay in full the amounts of their respective subscriptions. From a decree entered by the Chancellor on August 4, 1917, levying such assessment, the appellants, five of the subscribers, took…
1Opinion of the Court
Pennewill, C. J.,
delivering the opinion of the Court:
The statement of the case contained in the opinion of the Chancellor, from whose decree this appeal was taken, is so clear and comprehensive that it is deemed unnecessary to restate in this, opinion the, facts, the pertinent constitutional and statutory provisions, the proceeding in the lower court, and the many questions argued by counsel. We shall discuss only those questions that appear to be important and upon which the appellants seemed to mainly rely.
Upon the much debated question of jurisdiction the court have reached the opinion,…
2Cases cited15 opinions
- Terry v. AndersonSupreme Court of the United States · 1877
- Sanger v. UptonSupreme Court of the United States · 1875
- Casey v. GalliSupreme Court of the United States · 1877
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
- Corning & Horner v. McCulloughNew York Court of Appeals · 1847
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3Cited by35 opinions
- Figueroa v. Buccaneer Hotel Inc.Court of Appeals for the Third Circuit · 1999
- Chicago Corp. v. MundsCourt of Chancery of Delaware · 1934
- Lofland v. CahallSupreme Court of Delaware · 1922
- Sohland v. BakerSupreme Court of Delaware · 1927
- Finch v. Warrior Cement Corp.Court of Chancery of Delaware · 1928
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