Dock & Coal Co. v. Justin
District Court, N.D. New York
In Bankruptcy. In the matter of the Progressive Wall Paper Corporation, bankrupt, wherein Fred H. Justin, was trustee. On review of an order of the referee in bankruptcy, holding invalid and void, because its execution was not assented to by a majority of the stockholders of the corporation, a chattel mortgage given to secure the payment of three promissory notes made by the Progressive Wall Paper Corporation, aggregating in amount $11,382.59, and which notes had been made…
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In Bankruptcy. In the matter of the Progressive Wall Paper Corporation, bankrupt, wherein Fred H. Justin, was trustee. On review of an order of the referee in bankruptcy, holding invalid and void, because its execution was not assented to by a majority of the stockholders of the corporation, a chattel mortgage given to secure the payment of three promissory notes made by the Progressive Wall Paper Corporation, aggregating in amount $11,382.59, and which notes had been made at a prior date by the Progressive Wall Paper Corporation to the Dock & Coal Company, the claimant herein.
1Opinion of the Court
RAY, District Judge.
The Progressive Wall Paper Corporation is a domestic stock corporation, and was organized in 1904 under the *172laws of the' state of New York, with a capital stock of $210,000, divided into 2,100 shares, of $100 each. In 1913 the capital stock was increased by the addition of $100,000 of preferred stock, consisting of 1,000 shares, of $100 each. The chattel mortgage, the validity of which is in question here, was executed in July, 1914, and there had then been issued and was outstanding 1,283 shares of the common stock and 118 shares of the preferred stock of said…
2Cases cited10 opinions
- Paulding v. . the Chrome Steel CompanyNew York Court of Appeals · 1884
- Rochester Savings Bank v. . AverellNew York Court of Appeals · 1884
- Greenpoint Sugar Co. v. . WhitinNew York Court of Appeals · 1877
- Black v. . EllisNew York Court of Appeals · 1910
- Black v. EllisAppellate Division of the Supreme Court of the State of New York · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re James, Inc.Court of Appeals for the Second Circuit · 1929
- Schreiber v. Butte Copper & Zinc Co.District Court, S.D. New York · 1951
- Commerce Trust Co. v. ChandlerCourt of Appeals for the First Circuit · 1924
- Maryland Finance Corp. v. DuvallCourt of Appeals for the Fourth Circuit · 1922
- In re James, Inc.District Court, N.D. New York · 1927
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