James H. Rice Co. v. Libbey
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. The bill was filed by the appellant, a citizen of Illinois, and judgment creditor of the Farson & Libbey Company, and in behalf of all other creditors of that company who might join in the suit against the appellees, citizens of Wisconsin.
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Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. The bill was filed by the appellant, a citizen of Illinois, and judgment creditor of the Farson & Libbey Company, and in behalf of all other creditors of that company who might join in the suit against the appellees, citizens of Wisconsin. The object of the bill was to hold appellees responsible to the appellant and the creditors joining him for the debts of the Farson & Libbey Company assented to by the appellees in excess of its capital stock. The statute of Illinois upon which the claim of liability…
1Opinion of the Court
PEE CURIAM.
Within the authority of McNulta v. Commissioners (recently decided in this court) 40 C. C. A. 155, 99 Fed. 900, and Kidder v. Safe-Deposit Co. (this day decided) 105 Fed. 821, the motion to dismiss the appeal for the reason that it was not joined in by the intervening creditors must be overruled.
The principal inquiry, on this appeal is, did the circuit court for *827the Eastern district of Wisconsin err in refusing to entertain jurisdiction of the cause without the presence of the Farson & Libbey Company or its assignee as parties thereto? Parties to a bill in equity have been divided…
2Cases cited6 opinions
- Woolverton v. TaylorIllinois Supreme Court · 1890
- Low v. BuchananIllinois Supreme Court · 1879
- Kidder v. Fidelity Ins., Trust & Safe-Deposit Co.Court of Appeals for the Seventh Circuit · 1901
- Lake St. El. R. Co. v. ZieglerCourt of Appeals for the Seventh Circuit · 1900
- McNulta v. West Chicago Park Com'rsCourt of Appeals for the Seventh Circuit · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Prince v. McLaughlinCourt of Appeals for the First Circuit · 1926
- Norrie v. LohmanCourt of Appeals for the Second Circuit · 1926
- King v. ThompsonCourt of Appeals for the Sixth Circuit · 1901
- Loveless v. RansomCourt of Appeals for the Seventh Circuit · 1901