Legal Opinion

American Transp. Co. v. Swift & Co.

Court of Appeals for the Second Circuit

Decided February 20, 1928No. 307PublishedCited by 7 opinions

1Opinion of the CourtL. Hand, Circuit Judge

(after stating the facts as above).

That the cause of action in favor of the libelant survived its dissolution is too plain for debate. Sections 41 and 43 of the Delaware Corporation Law so provided, and the repeal of sections 41 and 42, probably because they had always been redundant, changed nothing. We have, therefore, no occasion to consider the effect at common law of corporate dissolution, whether at law or in equity. The respondent relies on Commercial Bank v. Lockwood’s Administrator (Del.) 2 Har. 8, but that case has nothing to do with the present situation. When the bank, the…

2Cases cited13 opinions

  1. Patton v. BradySupreme Court of the United States · 1902
  2. Oklahoma Natural Gas Co. v. OklahomaSupreme Court of the United States · 1927
  3. Clarke v. MathewsonSupreme Court of the United States · 1838
  4. Credits Commutation Co. v. United StatesSupreme Court of the United States · 1900
  5. Chappedelaine v. DechenauxSupreme Court of the United States · 1808

8 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Smith-Johnson Steamship Corporation v. United StatesDistrict Court, D. Delaware · 1964
  2. International Pulp Equipment Co. v. St. Regis Kraft Co.District Court, D. Delaware · 1944
  3. United States v. Village Corporation, Pine Corporation, Chapel Corporation, and River CorporationCourt of Appeals for the Fourth Circuit · 1962
  4. Boston Ins. v. City of New YorkCourt of Appeals for the Second Circuit · 1942
  5. Atkins v. W. A. Harriman & Co.Court of Appeals for the Second Circuit · 1934

2 more not listed; retrieve them via the Exa API.

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