Billings v. Charles Millar & Son Co.
District Court, N.D. New York
In Equity. Suit by E. Ross Billings, as trustee in bankruptcy of the Utica Pipe Foundry Company, against Charles Millar & Son Company. Heard on rule for order to bring in additional defendants.
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In Equity. Suit by E. Ross Billings, as trustee in bankruptcy of the Utica Pipe Foundry Company, against Charles Millar & Son Company. Heard on rule for order to bring in additional defendants. This is a suit in equity for an accounting by the defendant of the moneys alleged to have been paid by the bankrupt company through the action of its directors to the defendant company without any substantia] consideration, and known to have been paid without any substantial consideration, and as compensation for alleged services not rendered, or, if rendered, of little value, or as commissions on…
1Opinion of the CourtRay, District Judge
(after stating the facts as above). The Utica Pipe Foundry Company is the bankrupt, and the Charles Millar & iSon Company is the defendant, and for the purposes of this motion it must be conceded that since January 1, 1908, the board of directors of the bankrupt company has consisted of five members, and that during all said time a majority of such directors have been also directors in the defendant company and interested financially therein. The bill of complaint also alleges:
“IV. That from time to time since said January 1, 1908, said directors common to both companies, acting for said…
2Cases cited4 opinions
- Agnew v. United StatesSupreme Court of the United States · 1897
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Cass v. Realty Securities Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Holmes v. Saint Joseph Lead Co.Appellate Division of the Supreme Court of the State of New York · 1915
3Cited by2 opinions
- In Re PEPPERS FRUIT CODistrict Court, S.D. California · 1938
- In re Los Angeles Lumber Products Co.District Court, S.D. California · 1942