Morris v. Sampsell

If I could agree with the opinion of the court in this case that the court of Delaware in Roeblings Sons Co. v. Mode, 1 Pennewill (Del.), 515, 43 Atl. 480, construed the statute involved as denying the right of a trustee in bankruptcy to bring suit to recover such dividends as are herein involved I would agree with the decision herein. But that case does not expressly so hold, and in my opinion does not so hold by implication, and I therefore dissent.

The statute construed provides that directors of a corporation who have wilfully or negligently declared dividends *571which have not been paid out…