Legal Opinion

Hazel Atlas Glass Co. v. Van Dyk & Reeves, Inc.

Court of Appeals for the Second Circuit

Decided May 11, 1925No. 184PublishedCited by 18 opinions

1Opinion of the CourtRogers, Circuit Judge

(after stating the facts as above). A receiver was appointed for the corporation in the usual creditors’ suit. In duo course the receiver moved the court for an order expunging a claim filed by the appellant herein on the ground that he had no provable claim against the Van Dyk corporation — being a stockholder therein and not a creditor. This is an appeal from that order, and "the sole question is whether this appellant is in law a creditor of the corporation.

The corporation agreed that the pre ferred stock should be entitled to cumulative dividends at the rate of 10 per cent, per annum,…

2Cases cited22 opinions

  1. Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
  2. Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
  3. Warren v. KingSupreme Court of the United States · 1883
  4. In re Fechheimer Fisher Co.Court of Appeals for the Second Circuit · 1914
  5. Hamlin v. Toledo, St. L. & K. C. R.Court of Appeals for the Sixth Circuit · 1897

17 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Commissioner of Internal Revenue v. OPP Holding Corp.Court of Appeals for the Second Circuit · 1935
  2. Haffenreffer Brewing Co. v. Commissioner of Int. Rev.Court of Appeals for the First Circuit · 1940
  3. In Re LathrapCourt of Appeals for the Ninth Circuit · 1932
  4. In Re Culbertson'sCourt of Appeals for the Ninth Circuit · 1932
  5. Jones Valley Finance Co. v. TennilleAlabama Court of Appeals · 1959

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API