Moses v. Soule
New York Supreme Court
Action by receiver to set aside a purchase by a corporation of the stock of one of the stockholders, and to cancel bond and mortgage given as security for the payment of the debt incurred by such purchase, and for money loaned.
1Opinion of the CourtSpencer, J.
The plaintiff was appointed receiver in voluntary proceedings for the dissolution of the corporation named in the title to this action and brings suit in equity to have declared void a sale of stock by a stockholder to the corporation, and to declare void a bond and mortgage securing the payment, and a loan of money to the corporation.
The complaint does not allege that these transactions were fraudulent, or made to give a preference to the defendant, or in collusion against the corporation or creditors; but rests his right to recover on the sole ground that such transactions were illegal and…
2Cases cited4 opinions
- The City Bank of Columbus v. . Bruce and FoxNew York Court of Appeals · 1858
- Vail v. . HamiltonNew York Court of Appeals · 1881
- First National Bank v. Commercial Travelers' Home Ass'n of AmericaAppellate Division of the Supreme Court of the State of New York · 1905
- Quee Drug Co. v. PlautAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by15 opinions
- Palmer v. ChamberlinCourt of Appeals for the Fifth Circuit · 1951
- Penthouse Properties, Inc. v. 1158 Fifth Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 1939
- Doss v. YinglingIndiana Court of Appeals · 1930
- Vannucci v. PedriniCalifornia Supreme Court · 1932
- Model Clothing House v. DickinsonSupreme Court of Minnesota · 1920
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