Rood v. Whorton
U.S. Circuit Court for the District of Eastern Wisconsin
This was an action by William H. Kood, as receiver of the American Iron Company, against John H. Whorton, to recover an assessment upon stock held by him. The case was submitted to the court, jury trial being waived.
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This was an action by William H. Kood, as receiver of the American Iron Company, against John H. Whorton, to recover an assessment upon stock held by him. The case was submitted to the court, jury trial being waived. This is an action at law in which the plaintiff appears as receiver of tho American Iron Company, an insolvent Michigan corporation, and seeks to recover of the defendant $12,000 and interest, assessed for the alleged unpaid portion of the capital stock held by him. The proceedings under which the plaintiff was appointed receiver arose and are pending in the circuit court for…
1Opinion of the CourtSeaman, District Judge
(after stating the facts). I have reached a conclusion upon the merits of this case by which I am relieved from a consideration of the objection raised in behalf of the defendant that the plaintiff, as a receiver appointed by the court in the state of Michigan, cannot maintain his action in this forum, but is barred by the ruling in Booth v. Clark, 17 How. 322. See, also, High, Rec. § 239; Beach, Rec. § 680. Whether a distinction must be made in reference to the enforcement of liability against a stockholder under proceedings authorized by the statute of the state creating the corporation,…
2Cases cited19 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Sanger v. UptonSupreme Court of the United States · 1875
- Booth v. ClarkSupreme Court of the United States · 1855
- Hawkins v. GlennSupreme Court of the United States · 1889
- Canada Southern Railway Co. v. GebhardSupreme Court of the United States · 1883
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3Cited by4 opinions
- Feehan v. KendrickIdaho Supreme Court · 1918
- Rich v. ParkCourt of Appeals of Texas · 1915
- Philadelphia & R. Coal & Iron Co. v. DaubeU.S. Circuit Court for the Northern District of Illnois · 1896
- Rich v. ParkCourt of Appeals of Texas · 1915