Legal Opinion

Willmann v. Walsh

Supreme Court of Connecticut

Decided March 11, 1921PublishedCited by 5 opinions

Suit for an injunction to restrain the defendant from interfering in any manner with the possession of the estate of the Derby Manufacturing Company in the hands of the plaintiffs as trustees in liquidation, brought to the Superior Court in New Haven County which denied a motion for a temporary injunction (Banks, J.) and the cause was afterward tried upon demurrer to the complaint; the court, Webb, J., sustained the demurrer and rendered judgment for the defendant, from…

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Suit for an injunction to restrain the defendant from interfering in any manner with the possession of the estate of the Derby Manufacturing Company in the hands of the plaintiffs as trustees in liquidation, brought to the Superior Court in New Haven County which denied a motion for a temporary injunction (Banks, J.) and the cause was afterward tried upon demurrer to the complaint; the court, Webb, J., sustained the demurrer and rendered judgment for the defendant, from which the plaintiffs appealed. The plaintiffs are trustees in liquidation of the Derby Manufacturing Company, acting under…

1Opinion of the CourtCurtis, J.

Under the demurrer the essential question for decision was whether the possession of the plaintiffs of the property of the Derby Manufacturing Company was the custody of the law.

The plaintiffs were trustees in liquidation of the company, with such relation to the property as proceedings under the General Statutes, §§ 3447 and 3448, created.

The plaintiffs claim that by such proceedings they became receivers of the court in relation to the property of the corporation, and hence that the property came into the custody of the law.

The directors of a corporation, acting as trustees in liquidation…

2Cases cited1 opinion

  1. In Re Dissolution of the Litchfield County Agricultural SocietySupreme Court of Connecticut · 1917

3Cited by5 opinions

  1. Galdi v. JonesCourt of Appeals for the Second Circuit · 1944
  2. Masterton v. Lenox Realty Co.Supreme Court of Connecticut · 1940
  3. Application of WillmannSupreme Court of Connecticut · 1921
  4. Jacobs v. Collegiate Preparatory School, Inc.District Court, D. Connecticut · 1924
  5. Plainville Electroplating Co. v. Dodge Brass Manufacturing Co.Connecticut Superior Court · 1948

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