Wilkinson v. Bauerle
Supreme Court of New Jersey
On appeal from a decree advised by 'Vice-Chancellor Bird, who filed the following conclusions : The complainants obtained a judgment against the New York Sewing Machine Company, which they seek to enforce against the directors of that company. This special direction is sought, because the directors of the corporation sold and transferred all of its assets to one of its officers and directors, after it had become insolvent.
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On appeal from a decree advised by 'Vice-Chancellor Bird, who filed the following conclusions : The complainants obtained a judgment against the New York Sewing Machine Company, which they seek to enforce against the directors of that company. This special direction is sought, because the directors of the corporation sold and transferred all of its assets to one of its officers and directors, after it had become insolvent. It is undisputed that at the time of this sale the insolvency was known to all the contracting parties. The consideration paid has all been applied to the payment of all…
1Opinion of the Court
The opinion of the court was delivered by
Magie, J.
The bill of complaint in this cause was filed by Michael Bauerle *638and Frank B. Stark against Elias A. Wilkinson, Thomas C. Woodward, William Titus, Frank A. Wilkinson, Abram V. Sargeant and Richard W. Lundy. The complainants therein (who are respondents here) based their claim for equitable relief on these allegations, viz.: that they had recovered judgment in the supreme court against the New York Sewing Machine Company, a corporation of this state; that said company had no assets subject to execution, and no assets at all, except some…
2Cases cited9 opinions
- Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
- Wakeman v. GroverNew York Court of Chancery · 1832
- Hart v. EyckNew York Court of Chancery · 1816
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Dana v. Bank of the United StatesSupreme Court of Pennsylvania · 1843
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3Cited by6 opinions
- Hoyt v. HampeSupreme Court of Iowa · 1925
- Robinson v. HallbergNew Jersey Superior Court Appellate Division · 1969
- Schneider v. Hamilton Trust Co. of PatersonNew Jersey Court of Chancery · 1934
- Active Mortgage Co. v. Apex Building Co.New Jersey Court of Chancery · 1929
- Central-Penn Nat. Bank v. N.J. FidelityNew Jersey Court of Chancery · 1935
1 more not listed; retrieve them via the Exa API.