Dickinson v. Traphagan
Supreme Court of Alabama
Appeal from DeKalb Chancery Court. Heard before Hon. W. H. Simpson. This was a- bill filed by H. L. Traphagen to compel Gertrude H. Dickinson to contribute th'e value of the difference between the par value of her stock and the amount actually paid in by her towards the payment of complainant’s claim against the Alabama Kaolin Company, an insolvent corporation. The allegations of the-bill make complainant only a simple contract creditor.
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Appeal from DeKalb Chancery Court. Heard before Hon. W. H. Simpson. This was a- bill filed by H. L. Traphagen to compel Gertrude H. Dickinson to contribute th'e value of the difference between the par value of her stock and the amount actually paid in by her towards the payment of complainant’s claim against the Alabama Kaolin Company, an insolvent corporation. The allegations of the-bill make complainant only a simple contract creditor. The other facts are sufficiently stated in the opinion. The bill of complaint fails to show that under the laws of West Virginia respondent is liable for the…
1Opinion of the Court
ANDERSON, J-.
UThis bill is filed by the complainant, a simple contract creditor of an insolvent corporation, to compel the respondent to pay what is clue upon her sub" scription and to subject the same to-payment of his debt. Section 823 of the code of 1896 confers this right in a court of equity only upon judgment creditors..
Acts 1903, p. 388, has no application to a bill of this kincl^ but simply permits the marshaling of the assets of an insolvent corporation for. the payment of creditors. The bill in the case at bar is in no sense such a bill as is contemplated by said act. The…
2Cases cited6 opinions
- McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
- Van Weel v. WinstonSupreme Court of the United States · 1885
- In the Matter of the Reciprocity BankNew York Court of Appeals · 1860
- Tarbell v. PageIllinois Supreme Court · 1860
- Dreisbach v. Price, Pennsylvania Court of Common Pleas, Carbon County1890
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bryan v. BullockSupreme Court of Florida · 1922
- Hundley v. HewittSupreme Court of Alabama · 1916
- Sugar Factories Const. Co. v. FiesSupreme Court of Alabama · 1925
- Warren v. KilgroeSupreme Court of Alabama · 1912
- Drennen v. JenkinsSupreme Court of Alabama · 1913
3 more not listed; retrieve them via the Exa API.