Sisk v. Jordan Co.
Supreme Court of Connecticut
Application in receivership proceedings by an alleged creditor praying for the allowance of his claim, brought to the Superior Court in New Haven County. and referred to a committee who found and reported the facts; the court (Keeler, J.) recommitted the report for a further hearing and upon the return of the supplemental report judgment was rendered (Warner, J.) in favor of the claimant for $21,442, from which the receiver of the Jordan Company appealed.
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Application in receivership proceedings by an alleged creditor praying for the allowance of his claim, brought to the Superior Court in New Haven County. and referred to a committee who found and reported the facts; the court (Keeler, J.) recommitted the report for a further hearing and upon the return of the supplemental report judgment was rendered (Warner, J.) in favor of the claimant for $21,442, from which the receiver of the Jordan Company appealed. The committee reported upon the claim as follows: The Jordan Company was a Connecticut corporation; its business had increased to such an…
1DissentGager, J.
The gist of the opinion is that because Sisk was a director of the Jordan Company, the burden of proof was upon him to establish the fairness of his dealing with the Company, regardless of whether he took part in the transaction in any degree as representing the Company. The mere fact that he was a director seems to be considered enough. The court further holds that it was his duty in the first instance to present the evidence of the fairness of the transactions. The court says: “That Sisk, while a director, made a profit through transactions with his- corporation, in the absence of proof by…
2Cases cited17 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Sage v. . CulverNew York Court of Appeals · 1895
- Beach v. MillerIllinois Supreme Court · 1889
- Mallory v. Mallory Wheeler Co.Supreme Court of Connecticut · 1891
- Hanson Sheep Co. v. Farmers & Traders' State BankMontana Supreme Court · 1917
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