Legal Opinion

Graselli Chemical Co. v. Ætna Explosives Co.

Court of Appeals for the Second Circuit

Decided May 24, 1918No. 253PublishedCited by 35 opinions

Appeal from the District Court of the United States for the Southern District of New,York. Bill by the Graselli Chemical Company against the TEtna Explosives Company, Incorporated, on which a receiver was appointed. From an order staying any action at a stockholders’ meeting, except adjournment, Addison G. Fay and another appeal.

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Appeal from the District Court of the United States for the Southern District of New,York. Bill by the Graselli Chemical Company against the TEtna Explosives Company, Incorporated, on which a receiver was appointed. From an order staying any action at a stockholders’ meeting, except adjournment, Addison G. Fay and another appeal. The complainant, a general creditor of the defendant, filed a bill in equity on April 19, 1917, praying for the appointment of receivers of the defendant. The bill alleged: That the defendant was furnishing large quantities of explosives to the Allied Powers in the…

1Opinion of the Court

MANTON,, Circuit Judge

(after stating the facts nas above). The petition upon which the order appealed from was granted, after reciting that Prince & Company, the petitioners, are the owners of common stock, alleges that the receivership has been a successful one, and substantially the facts stated above, and, further, that the plan of readjustment hereinafter referred to is sought to be adopted by certain preferred stockholders exercising their claim of voting rights by reason of the default in the payment of dividends. Copy of the readjustment plan is made a part of the petition, and it is…

2Cases cited7 opinions

  1. Porter v. SabinSupreme Court of the United States · 1893
  2. Atlantic Trust Co. v. ChapmanSupreme Court of the United States · 1908
  3. Western Union Telegraph Co. v. United States & Mexican Trust Co.Court of Appeals for the Eighth Circuit · 1915
  4. Guaranty Trust Co. of New York v. Missouri Pac. Ry. Co.District Court, E.D. Missouri · 1916
  5. Hayes v. PiersonSupreme Court of New Jersey · 1899

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3Cited by35 opinions

  1. Pettis v. JohnstonSupreme Court of Oklahoma · 1920
  2. Habirshaw Electric Cable Co. v. Habirshaw Electric Cable Co.Court of Appeals for the Second Circuit · 1924
  3. First National Bank v. Bryn Mawr Beach Building Corp.Illinois Supreme Court · 1937
  4. Culhane v. AndersonCourt of Appeals for the Eighth Circuit · 1927
  5. In Re Bush Terminal Co.Court of Appeals for the Second Circuit · 1935

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