Thoms v. Goodman
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. In the matter of the Hamilton Gas & Electric Company, a corporation, bankrupt. From an order of the District Court, affirming an assessment against stockholders by the referee on petition of S. M. Goodman, trustee, Thoms & Brenneman and others appeal.
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Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. In the matter of the Hamilton Gas & Electric Company, a corporation, bankrupt. From an order of the District Court, affirming an assessment against stockholders by the referee on petition of S. M. Goodman, trustee, Thoms & Brenneman and others appeal. In November, 1904, the Hamilton Gas & Electric Company was organized under the laws of Ohio, with an authorized capital stock of $1,000,000, and with an authorized bond issue of the same amount. More…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] We pass by any question whether an order, made as this was, when the persons to be assessed were not parties to the record in any formal way, is a final order subject to appeal. It has been so assumed upon both sides, and there is no such obvious lack of jurisdiction as should prevent us from proceeding to the merits. See Marin v. Augedahl, 247 U. S. 142, 38 Sup. Ct. 452, 62 L. Ed. 1038.
[2] The doctrine that the subscribed, but unpaid, capital stock of a corporation, becomes, upon its insolvency and suspension of business, a trust fund for all…
2Cases cited22 opinions
- Handley v. StutzSupreme Court of the United States · 1891
- Hospes v. Northwestern Manuf'g & Car Co.Supreme Court of Minnesota · 1892
- Clark v. BeverSupreme Court of the United States · 1891
- Fogg v. BlairSupreme Court of the United States · 1891
- Toledo, St. L. & K. C. R. v. Continental Trust Co.Court of Appeals for the Sixth Circuit · 1899
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3Cited by2 opinions
- Brockett v. Winkle Terra Cotta Co.Court of Appeals for the Eighth Circuit · 1936
- Petition of StuartCourt of Appeals for the Sixth Circuit · 1921