Legal Opinion

Hamilton v. Simon

U.S. Circuit Court for the District of Southern New York

Decided March 5, 1910PublishedCited by 3 opinions

Action by Charles E. Hamilton, as receiver of the Evans-Johnson-Sloane Company, against Jacob Simon and others, copartners, doing business under the firm name of Chas. Simon's Sons. Judgment for plaintiff. This is an action by the receiver of a Minnesota corporation to recover $2,500 and interest which is the par value of 25 shares of stock held by the defendants in the corporation.

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Action by Charles E. Hamilton, as receiver of the Evans-Johnson-Sloane Company, against Jacob Simon and others, copartners, doing business under the firm name of Chas. Simon's Sons. Judgment for plaintiff. This is an action by the receiver of a Minnesota corporation to recover $2,500 and interest which is the par value of 25 shares of stock held by the defendants in the corporation. Proceedings were taken in the state of Minnesota, and under chapter 272 of the Laws of 1899, to have the corporation declared insolvent,- and to have the amounts due upon the stock ascertained and assessed against…

1Opinion of the CourtHand, District Judge

(after stating the facts as above). None of the points raised by the defendants have any merit, and after the case cf Bernheimer v. Converse, 206 U. S. 516, 27 Sup. Ct. 755, 51 L. Ed. 1163, in which this particular statute was fully adjudicated by the Supreme Court, I have nothing to do but direct judgment for the plaintiff. However, I will take up seriatim the different points which they raise upon their brief, some of the points raised in-the answer having been abandoned.

First. It is quite true that there is no evidence in the record of the proceedings in the Minnesota district court that…

2Cases cited9 opinions

  1. Sanger v. UptonSupreme Court of the United States · 1875
  2. Hawkins v. GlennSupreme Court of the United States · 1889
  3. Bernheimer v. ConverseSupreme Court of the United States · 1907
  4. Howarth v. LombardMassachusetts Supreme Judicial Court · 1900
  5. Harper v. CarrollSupreme Court of Minnesota · 1896

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

3Cited by3 opinions

  1. Hall v. BallardCourt of Appeals for the Fourth Circuit · 1937
  2. Bank of Ware Shoals v. MartinDistrict Court, S.D. New York · 1936
  3. Irvine v. BakerDistrict Court, S.D. New York · 1915

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