Sanger v. Upton
Supreme Court of the United States
Error to the Circuit Court of the United States for the Northern District of Illinois. This was an action of assumpsit, brought by Clark W. Upton, as assignee in bankruptcy of the Great Western Insurance Company, against Mary C. Sanger, for the balance unpaid on her stock.
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Error to the Circuit Court of the United States for the Northern District of Illinois. This was an action of assumpsit, brought by Clark W. Upton, as assignee in bankruptcy of the Great Western Insurance Company, against Mary C. Sanger, for the balance unpaid on her stock. The Bankruptcy Court made an order that the amount unpaid on the capital stock of the corporation should be paid to the assignee on or before Aug. 15, 1872, and, in default thereof, that the assignee proceed to collect the same; and that notice of this order be given to the stockholders by publication or otherwise. Notice…
1Opinion of the Court
Me. Justice S wayne
delivered the opinion of the court.
Several errors are assigned and relied upon touching the admission of evidence and the instructions given to the jury.
We shall give our views of the case as it is. presented in the record, so as to meet these objections without adverting specifically to any of them.
The original charter of the Great Western Insurance Company fixed its capital at §100,000. By ah amendment of the charter, the capital was increased.to §5,000,000. • It became insolvent. A petition was filed against it in the District Court of the United States for the Northern…
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