Tiger Shoe Mfg. Co.'s Trustee v. Shanklin
Court of Appeals of Kentucky
CASE 81. — ACTION BY TIGER SHOE MEG. CO.’S TRUSTEE IN BANKRUPTCY AGAINST S. A. SHANKLIN ON BALANCE DUE ON SHARES OF STOCK IN SAID COMPANY. Appeal from Mason Circuit Court. J. P. Hakbeson, Circuit Judge. ' Judgment for defendant, plaintiff appeals. POINTS AND AUTHORITIES. 1. The right of appellant to sue in this case Is a necessary incident to tlw title which vests in him as. trustee.
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CASE 81. — ACTION BY TIGER SHOE MEG. CO.’S TRUSTEE IN BANKRUPTCY AGAINST S. A. SHANKLIN ON BALANCE DUE ON SHARES OF STOCK IN SAID COMPANY. Appeal from Mason Circuit Court. J. P. Hakbeson, Circuit Judge. ' Judgment for defendant, plaintiff appeals. POINTS AND AUTHORITIES. 1. The right of appellant to sue in this case Is a necessary incident to tlw title which vests in him as. trustee. (Lovelace on Bankruptcy, sec. 144; Dudley v. Easton, 104 U. S. 99; Chubb vs. Upton, 95 U. S., 665; Gleney vs. Langdon, 98 U. S. 20; Ins. Co. vs. Mann, 118 Ga. 381; McClanahan vs. Blackwell 119 Ga. 64; Callahan…
1Opinion of the Court
Opinion op the Court by
Jno. D. Carroll
Commissioner Reversing.
The Tiger Shoe Manufacturing Company was on *717petition of its creditors adjudged a bankrupt. After-wards the trustee in bankruptcy, without an order of the United States District Court, in which the adjudication in bankruptcy was had, authorizing or directing him so to do, and without any order of court directing the stockholders of the bankrupt corporation to pay to the trustee or into court any balance remaining unpaid on their stock subscriptions, instituted this action at law in the Mason circuit court to recover from appellee an…
2Cases cited4 opinions
- Traders Insurance v. MannSupreme Court of Georgia · 1903
- Old Colony Boot & Shoe Co. v. Parker-Sampson-Adams Co.Massachusetts Supreme Judicial Court · 1903
- In re SmithDistrict Court, S.D. New York · 1903
- Wood & Selick v. VanderveerAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by10 opinions
- Alsop v. ConwayCourt of Appeals for the Sixth Circuit · 1911
- McNeill v. PaceSupreme Court of Florida · 1915
- Farmers' Bank of Wickliffe's Assignee v. ScottCourt of Appeals of Kentucky · 1911
- Denny, State Banking Commr. v. KennedyCourt of Appeals of Kentucky (pre-1976) · 1929
- Morris v. SampsellWisconsin Supreme Court · 1937
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