Phillips v. Providence Steam Engine Co.
Supreme Court of Rhode Island
Bill in Equity to restrain a sale of the property of a corporation, ordered by a vote of the majority of the stockholders, brought by a minority stockholder. The facts are stated in the opinion. Heard on bill, answer, and replication. Bill dismissed.
1Opinion of the Court
Stiness, J.(3) The complainant, a stockholder, seeks to •restrain the respondent corporation from disposing of its ■property. The company is doing business under an extension by its creditors, in the terms of which an installment becomes due in November next. It is agreed that this cannot be met, and that the company will be unable to go on in business because the creditors refuse a further extension. .In view of these facts, an arrangement has been made to ■.form a new company, in which creditors holding extension notes will take preferred stock'to the extent of one-half of •their claims,…
2Cases cited4 opinions
- Mason v. Pewabic Mining Co.Supreme Court of the United States · 1890
- Warfield, Howell & Co. v. Marshall County Canning Co.Supreme Court of Iowa · 1887
- Hutton v. FrisbieCalifornia Supreme Court · 1869
- Leathers v. JanneySupreme Court of Louisiana · 1889
3Cited by7 opinions
- Smith v. StoneWyoming Supreme Court · 1912
- Claus v. Farmers & Stockgrowers State BankWyoming Supreme Court · 1936
- Cardin Bldg. Co. v. SmithSupreme Court of Oklahoma · 1927
- Rhea v. NewtonCourt of Appeals for the Eighth Circuit · 1919
- Carrier v. DixonTennessee Supreme Court · 1919
2 more not listed; retrieve them via the Exa API.