Handley v. Stutz
Supreme Court of the United States
APPEAL EEOM THE CIRCUIT COURT OF THE UNITED STATES EOE THE MIDDLE DISTRICT OP TENNESSEE. This was a bill in equity, filed by Sebastian Stutz, of Pitts-burg, Pa., by certain other persons composing the firm of Kagon Brothers, of Evansville, Indiana, and by others composing the firm of Louis Stix & Co., of Cincinnati, Ohio, on behalf of themselves and such other creditors of the Clifton Coal Company as should come in and contribute to the expenses of the suit, against the…
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APPEAL EEOM THE CIRCUIT COURT OF THE UNITED STATES EOE THE MIDDLE DISTRICT OP TENNESSEE. This was a bill in equity, filed by Sebastian Stutz, of Pitts-burg, Pa., by certain other persons composing the firm of Kagon Brothers, of Evansville, Indiana, and by others composing the firm of Louis Stix & Co., of Cincinnati, Ohio, on behalf of themselves and such other creditors of the Clifton Coal Company as should come in and contribute to the expenses of the suit, against the Clifton Coal Company and certain of its stockholders, to compel an assessment upon certain shares of stock held by the…
1Opinion of the CourtJustice Brown
1. Although the resolution of May 31. 1886, increasing the stock of the company from $120,000 to $200,000, was not formally entered at that- time upon the books of the company, and nothing but a pencil memorandum was then made of the proceedings of the meeting, no objection can be taken to its validity by reason of such omission. The testimony shows clearly what took place at this meeting. It appears from the memorandum made by Mr. Allen, the acting secretary, to have been “ unanimously resolved that the capital stock of the company be increased to $200,000 as authorized by the charter, the…
2Cases cited19 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Scovill v. ThayerSupreme Court of the United States · 1882
- Sanger v. UptonSupreme Court of the United States · 1875
- Sawyer v. HoagSupreme Court of the United States · 1873
- Hawkins v. GlennSupreme Court of the United States · 1889
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3Cited by179 opinions
- Hospes v. Northwestern Manuf'g & Car Co.Supreme Court of Minnesota · 1892
- Camden v. StuartSupreme Court of the United States · 1892
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- Nelson v. HubbardSupreme Court of Alabama · 1892
- Martin v. South Salem Land Co.Supreme Court of Virginia · 1896
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