Cahall v. Lofland
Court of Chancery of Delaware
Motion to Dismiss Bill. The bill was filed by receiver of Lewes Fisheries Company against former directors thereof and persons to whom assets and property of. the company were alleged to have been fraudulently conveyed. A motion to dismiss based on impropriety in the selection of a solicitor by the receiver was filed upon defendants’ solicitors being permitted to appear specially to make the motion.
1Opinion of the Court
The Chancellor.
The Lewes Fisheries Company, a Delaware corporation, having been dissolved voluntarily pursuant to the provisions of the Delaware statute, its directors as trustees were winding up its affairs, the duty and right to do so being imposed upon and given to them by the statute. The corporation has no creditors. While this winding up was proceeding, Charles V. Jones, a stockholder of the company, in 1917 filed his bill in Chancery charging misconduct on the part of officers and directors of the company, and asking that a receiver be appointed in the place of the directors to recover…
2Cases cited2 opinions
- Shainwald v. LewisDistrict Court, D. California · 1881
- McPherson v. United StatesCourt of Appeals for the Sixth Circuit · 1917
3Cited by7 opinions
- Lowder v. All Star Mills, Inc.Supreme Court of North Carolina · 1983
- Lichens Co. v. Standard Commercial Tobacco Co.Court of Chancery of Delaware · 1944
- Carle v. International Clay Products Co.Court of Chancery of Delaware · 1926
- Cannon v. Denver Tramway Corp.Court of Chancery of Delaware · 1977
- Henderson v. Plymouth Oil Co.Supreme Court of Delaware · 1928
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