In re Beaver Cotton Mills
District Court, N.D. Georgia
Ill Bankruptcy. In the matter of the Beaver Cotton Mills, bankrupt. Application of A. H. Penfield, minority stockholder, to annul adjudication of the Beaver Cotton Mills as a voluntary bankrupt.
1Opinion of the Court
SIBJ,EY, District Judge.
A. H. Penfield, a minority stockholder, seeks to annul an adjudication of Beaver Cotton Mills as a voluntary bankrupt because (1) the directors were without authority at the time of filing the petition, and (2) because the petition was in fraud of his stockholders’ bill then pending in the state court.
The facts in outline are these: On April 19, 1920, the stockholders of the Beaver Mills, including Penfield, unanimously voted to unite with two other mills in the organization -of a new corporation to be called Couch Cotton Mills, Inc., to which they would sell their…
2Cases cited17 opinions
- Hanover National Bank v. MoysesSupreme Court of the United States · 1902
- In Re Watts and SachsSupreme Court of the United States · 1903
- Railway Co. v. AllingSupreme Court of the United States · 1879
- Zeitinger v. Hargadine-Mckittrick Dry Goods Co.Court of Appeals for the Eighth Circuit · 1917
- Empire Trust Co. v. BrooksCourt of Appeals for the Fifth Circuit · 1916
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3Cited by11 opinions
- City Nat. Bank of Huron, SD v. FullerCourt of Appeals for the Eighth Circuit · 1931
- Struthers Furnace Co. v. GrantCourt of Appeals for the Sixth Circuit · 1929
- In re Supreme Lodge of the Masons AnnuityDistrict Court, N.D. Georgia · 1923
- In Re Greyling Realty CorporationCourt of Appeals for the Second Circuit · 1935
- Jordan v. Century Natural Gas Corp.District Court, N.D. Texas · 1978
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