Davenport, Receiver v. Lines
Supreme Court of Connecticut
Action by the receiver of a corporation to recover certain sums claimed to have been illegally paid to a stockholder by way of dividends, brought, to the Court of Common Pleas in Fairfield County and reserved by that court, Curtis, J., upon a finding of facte, for the consideration and advice of this court.
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Action by the receiver of a corporation to recover certain sums claimed to have been illegally paid to a stockholder by way of dividends, brought, to the Court of Common Pleas in Fairfield County and reserved by that court, Curtis, J., upon a finding of facte, for the consideration and advice of this court. The complaint, as finally amended, alleged'the formation of the corporation in 1892, substantially as set out in the finding; that the defendant became and remained a stockholder thereof until it went into the hands of the plaintiff as receiver; that prior to October 1st, 1891, it was…
1Opinion of the CourtTordadde, J.
In the trial court the defendant objected to any and all evidence tending to prove certain facts found, as set out in paragraph 45 of the finding. This objection is without merit. The plaintiff was entitled to prove the facts objected to, by any legitimate evidence, as bearing upon the question of the insolvency of the corporation, and upon the question whether its capital was impaired when the money in question was paid. Upon both of these questions all the facts 'objected to were relevant and admissible.
One of the important questions in the case is whether, upon the facts found, the…
2Cases cited2 opinions
- Warren v. KingSupreme Court of the United States · 1883
- Crandall v. LincolnSupreme Court of Connecticut · 1884
3Cited by11 opinions
- Spiegel v. Beacon Participations, Inc.Massachusetts Supreme Judicial Court · 1937
- Spencer v. SmithCourt of Appeals for the Eighth Circuit · 1912
- Massoth v. Central Bus CorporationSupreme Court of Connecticut · 1926
- Bishop v. Bishop.Supreme Court of Connecticut · 1909
- Inscho v. Mid-continent Development Co.Supreme Court of Kansas · 1915
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