Ellis v. Penn Beef Co.
Court of Chancery of Delaware
Bill by Stockholder for Cancellation of Shares of Stock. The complainant was the holder of a majority of the shares of capital stock issued by the defendant corporation and by his bill sought to have cancelled the share ; of stock issued to the defendants, Ashworth, Kramer and Brown, as well as the appointment of a receiver for said defendant corporation pendente lite, to conserve its property from dissipation pending final determination of the cause.
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Bill by Stockholder for Cancellation of Shares of Stock. The complainant was the holder of a majority of the shares of capital stock issued by the defendant corporation and by his bill sought to have cancelled the share ; of stock issued to the defendants, Ashworth, Kramer and Brown, as well as the appointment of a receiver for said defendant corporation pendente lite, to conserve its property from dissipation pending final determination of the cause. Upon presentation of the bill to the Chancellor, a role was issued requiring the defendant company to show cause why a receiver pendente lite…
1Opinion of the Court
The Chancellor:
The bill and affidavits submitted on the role to show eause why a receiver of the company should *215not be appointed present a case which calls for the intervention of the Court of Chancery. Two persons, Ashworth and Kramer, desiring to engage in the business of selling meat in Philadelphia on commission, having leased a building for the purpose for ten years, obtained a charter in Delaware, using for the purpose a third person, Brown, as a dummy, as an incorporator, and afterwards as a stockholder and director. After organization and the adoption of by-laws, etc., the…
2Cases cited18 opinions
- Old Dominion Copper Mining & Smelting Co. v. LewisohnSupreme Court of the United States · 1908
- Bissell Carpet-Sweeper Co. v. Goshen Sweeper Co.Court of Appeals for the Sixth Circuit · 1896
- Lewis v. CampauMichigan Supreme Court · 1866
- Hutton v. LockridgeWest Virginia Supreme Court · 1886
- Callanan v. ShawSupreme Court of Iowa · 1865
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3Cited by31 opinions
- Aronson v. LewisSupreme Court of Delaware · 1984
- Rosenthal v. Burry Biscuit Corp.Court of Chancery of Delaware · 1948
- Fed. Sec. L. Rep. P 96,297 Charles Heit v. Walter S. BairdCourt of Appeals for the First Circuit · 1977
- Sohland v. BakerSupreme Court of Delaware · 1927
- Finch v. Warrior Cement Corp.Court of Chancery of Delaware · 1928
26 more not listed; retrieve them via the Exa API.