Ballou v. United States Flour Milling Co.
New Jersey Court of Chancery
In insolvency. This is a petition by the receivers of an insolvent corporation praying for instructions from this court as to what disposition they shall make of a claim on behalf of the State of New Jersey for state franchise taxes which have accrued since the date of the making of the decree of insolvency herein.
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In insolvency. This is a petition by the receivers of an insolvent corporation praying for instructions from this court as to what disposition they shall make of a claim on behalf of the State of New Jersey for state franchise taxes which have accrued since the date of the making of the decree of insolvency herein. The precise language of the prayer is: “That they may be advised whether the said claim of the State of New Jersey is a claim against the assets of the said JJnited States Flour Milling Company, and, if a claim at all, whether it is a preferred claim against the said corporation,…
1Opinion of the Court
Pitney, V. C.
My reading of the petition does not enable me to determine ■whether the'assets which accrued to the receivers in the several foreign jurisdictions are still within the practical control of those jurisdictions, so that the receivers cannot dispose of them without the several orders of those courts, or whether they are now within the absolute control of those receivers, subject only to the order and control of this court.
If the former is the true situation, then it seems to me that the question, so elaborately argued by counsel for the receivers, is, for present purposes, merely…
2Cases cited2 opinions
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Sands v. E. S. Greeley & Co.Court of Appeals for the Second Circuit · 1898
3Cited by7 opinions
- Franklin Trust Co. v. New JersyCourt of Appeals for the First Circuit · 1910
- New York Trust Co. v. Island Oil & Transport CorporationCourt of Appeals for the Second Circuit · 1926
- Conklin v. United States Shipbuilding Co.District Court, D. New Jersey · 1906
- Woulfe v. Associated Realties Corp.New Jersey Superior Court Appellate Division · 1942
- Franklin Trust Co. v. New JersyCourt of Appeals for the First Circuit · 1910
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