Ex parte Winsor
U.S. Circuit Court for the District of Massachusetts
This cause came before the circuit court, being certified from the district court, on account of the district judge being interested therein.
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This cause came before the circuit court, being certified from the district court, on account of the district judge being interested therein. The original petition and answer, and the amended petition and answer thereto, were as follows: “To the Honorable the Judge of the District Court for the District of Massachusetts: Henry Winsor, of Boston, in said district, as he is assignee of Samuel H. Babcock, a bankrupt, respectfully represents, that the said Babcock, prior to the decree of bankruptcy in his case, was the proprietor of twenty shares in the capital stock of the Norfolk Manufacturing…
1Opinion of the Court
STORY, Circuit Justice.
The principal questions which have been argued in the cause, are: First. Whether the assessment laid by the directors on the shares of the Norfolk Manufacturing Company, on the 25th of October, 1842, was a good and valid assessment? Second. If valid, whether it did not, in contemplation of law, amount to a revocation, or rescission of the prior dividend declared by the directors, and payable on the same day with the assessment, or as a set-off against the same? Third. Whether, supposing the assessment and dividend good, and in full force, the order or agreement of…
2Cited by6 opinions
- Ruggles v. CollierSupreme Court of Missouri · 1869
- McLaran v. Crescent Planing Mill Co.Missouri Court of Appeals · 1906
- Smith v. DuncanIndiana Supreme Court · 1881
- Rives v. Montgomery South Plank-Road Co.Supreme Court of Alabama · 1857
- Comth. ex rel. Grier v. Coxe, Pennsylvania Court of Common Pleas, Schuylkill County1873
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