Legal Opinion
In Re Dawson Brothers Construction Co.
District Court, N.D. New York
Decided June 11, 1963No. 42066PublishedCited by 10 opinions
1Opinion of the Court
BRENNAN, District Judge.
May the holder of installment notes given by a corporation in payment for the purchase of its own stock enforce the obligation at a time when the corporation has no surplus from which payment may be made is the broadly stated problem involved here.
Bernard M. Dawson, a creditor of the above named bankrupt, seeks to review the order of the Referee in Bankruptcy, dated December 12, 1962, which expunged his claim filed against the estate of the bankrupt. The claim arises out of the purchase by the bankrupt of its stock from three former shareholders. The record before the…
2Cases cited11 opinions
- In re Fechheimer Fisher Co.Court of Appeals for the Second Circuit · 1914
- Topken, Loring & Schwartz, Inc. v. SchwartzNew York Court of Appeals · 1928
- Mountain State Steel Foundries, Inc., and v. Commissioner of Internal Revenue, AndCourt of Appeals for the Fourth Circuit · 1960
- Richards v. Ernst Wiener Co.New York Court of Appeals · 1912
- Cross v. BeguelinNew York Court of Appeals · 1929
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In the Matter of the Trimble Company, a Corporation. William J. McMinn Samuel A. Robinson, Joseph A. Warren, Jr., and R. J. Mitchell, CreditorsCourt of Appeals for the Third Circuit · 1964
- In the Matter of Flying Mailmen Service, Inc., Bankrupt. Charles Gold v. Herbert K. Lippman, Trustee in Bankruptcy of Flying Mailmen Service, Inc.Court of Appeals for the Second Circuit · 1976
- Laurest J. Trahan, Cross-Appellees v. Superior Oil Company, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1983
- Pierce v. Goldking Properties, Inc.Louisiana Court of Appeal · 1981
- Corporate Jet Aviation, Inc. v. Vantress (In Re Corporate Jet Aviation, Inc.)United States Bankruptcy Court, N.D. Georgia · 1985
5 more not listed; retrieve them via the Exa API.