Badenhausen Co. v. Kidwell
Supreme Court of Delaware
Appeal From Court op Chancery. The complainant below was a creditor of the defendant below, and'filed a bill asking the appointment of a receiver because of the inability of the defendant below to pay its debts and meet its obligations as they mature in the regular course of business. An answer was filed by the defendant below denying the allegations of the bill upon which were based the prayers for a receiver.
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Appeal From Court op Chancery. The complainant below was a creditor of the defendant below, and'filed a bill asking the appointment of a receiver because of the inability of the defendant below to pay its debts and meet its obligations as they mature in the regular course of business. An answer was filed by the defendant below denying the allegations of the bill upon which were based the prayers for a receiver. Before the hearing in the Court below, upon application of another creditor to the United States District Court for the Eastern District of Pennsylvania, receivers were appointed for…
1Per curiam
After a careful consideration of the record— the pleadings, admissions and evidence — and the arguments of counsel in this case, the Court is of the opinion that a fatal variance between the bill and the decree does not exist, and that the Chancellor was warranted in finding that the complainant below is a stockholder of the corporation respondent below, and that the latter is insolvent. The decree of the Chancellor should not, therefore, be vacated but affirmed.
If after the decree of this Court shall be certified to the Court below, a proper showing should be made to the Chancellor, he…
2Cited by10 opinions
- Jones v. Maxwell Motor Co.Court of Chancery of Delaware · 1921
- Ward v. FoulkrodCourt of Appeals for the Third Circuit · 1920
- Lichens Co. v. Standard Commercial Tobacco Co.Court of Chancery of Delaware · 1944
- Public Service Holding Corp. v. KilloranSupreme Court of Delaware · 1942
- State v. Surety Corp. of AmericaCourt of Chancery of Delaware · 1932
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