In Re American Aluminum Metal Products Co.
District Court, S.D. California
1Opinion of the Court
MeCORMICK, District Judge.
In my opinion, under the stipulated facts as shown by the referee’s certificate of review, the claimant Dempsey is estopped, as against the trustee in bankruptcy and the general creditors of the bankrupt corporation, from transforming himself from a stockholder in American Aluminum Metal Products Company, a corporation, into a creditor thereof, to the prejudice and damage of innocent general '•creditors of the bankrupt corporation, and •'¡claimant is therefore precluded from asserting any right against the bankrupt estate for the return of the purchase price of the…
2Cases cited13 opinions
- California Bank v. KennedySupreme Court of the United States · 1897
- Handley v. StutzSupreme Court of the United States · 1891
- Concord First National Bank v. HawkinsSupreme Court of the United States · 1899
- Handley v. StutzSupreme Court of the United States · 1890
- Schulte v. Boulevard Gardens Land Co.California Supreme Court · 1913
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3Cited by4 opinions
- Charles E. Hoppe, Trustee of the Estate of Los Gatos Lumber Products, Inc., Bankrupt v. Emmet L. RittenhouseCourt of Appeals for the Ninth Circuit · 1960
- Ashton v. GlazeCourt of Appeals for the Ninth Circuit · 1938
- In re Builders' Finance Ass'nDistrict Court, S.D. California · 1928
- Horn v. ABTSCourt of Appeals for the Eighth Circuit · 1927