Hazel Atlas Glass Co. v. Van Dyk & Reeves, Inc.
Court of Appeals for the Second Circuit
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
- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
- Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
- Warren v. KingSupreme Court of the United States · 1883
- In re Fechheimer Fisher Co.Court of Appeals for the Second Circuit · 1914
- 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
- Commissioner of Internal Revenue v. OPP Holding Corp.Court of Appeals for the Second Circuit · 1935
- Haffenreffer Brewing Co. v. Commissioner of Int. Rev.Court of Appeals for the First Circuit · 1940
- In Re LathrapCourt of Appeals for the Ninth Circuit · 1932
- In Re Culbertson'sCourt of Appeals for the Ninth Circuit · 1932
- Jones Valley Finance Co. v. TennilleAlabama Court of Appeals · 1959
13 more not listed; retrieve them via the Exa API.