Sill v. Kentucky Coal & Timber Development Co.
Court of Chancery of Delaware
Motion to dismiss the Bill of Complaint. The bill was filed. May 27, 1915, by Sill, alleging himself to be a creditor of the company based on a promissory note made by it, but not then due, and also a stockholder of the company, the object of the bill being the appointment of a receiver based on insolvency.
Read the full summary
Motion to dismiss the Bill of Complaint. The bill was filed. May 27, 1915, by Sill, alleging himself to be a creditor of the company based on a promissory note made by it, but not then due, and also a stockholder of the company, the object of the bill being the appointment of a receiver based on insolvency. By the bill it was alleged that the company owned 35,000 acres of undeveloped timber and coal land in Kentucky worth $2,000,-000, and $3,500,000 when developed, and owns all the capital stock of another corporation which owned rights to other large tracts of land in Kentucky; that the…
1Opinion of the Court
The Chancellor.
Two defenses are made to the bill, one by the motion to dismiss the bill and the other by the allegations in the amended answer which constituted a defense of res judicata. A defense of res judicata if it be properly pleaded and established is a bar to the suit. The decision of a judicial tribunal having judisdiction of the cause and the parties is in every other court everywhere a complete and absolute defense in bar to another proceeding for the same cause of action. Capelle, et al., v. Baker’s Ex’r, 3 Houst. 344, 358. A judgment in another state for the same cause of action…
2Cases cited8 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Dutcher v. WrightSupreme Court of the United States · 1877
- Cincinnati Equipment Co. v. DegnanCourt of Appeals for the Sixth Circuit · 1910
- President of the Bank of the United States v. BeverlySupreme Court of the United States · 1843
- The NymphU.S. Circuit Court for the District of Maine · 1834
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Pusey & Jones Co. v. HanssenSupreme Court of the United States · 1923
- Jones v. Maxwell Motor Co.Court of Chancery of Delaware · 1921
- Mackenzie Oil Co. v. Omar Oil & Gas Co.Court of Chancery of Delaware · 1923
- Noble v. European Mortgage & Investment Corp.Court of Chancery of Delaware · 1933
- Williams v. DaiseySuperior Court of Delaware · 1935
13 more not listed; retrieve them via the Exa API.