Bowker v. Hill
U.S. Circuit Court for the District of Maine
In Equity. Bill in equity alleging that the Piscataqua Fire & Marine Insurance Company was duly incorporated by certain statutes of Maine, originally as a mutual company; that afterwards a provision was made for a guaranty capital; that in 1865 the plaintiff insured his steamer Russia with the company In the sum of $5,000, and that the vessel was totally lost, of which due notice and proof was given to the company; that the loss has not been paid; that in 1866 the plaintiff…
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In Equity. Bill in equity alleging that the Piscataqua Fire & Marine Insurance Company was duly incorporated by certain statutes of Maine, originally as a mutual company; that afterwards a provision was made for a guaranty capital; that in 1865 the plaintiff insured his steamer Russia with the company In the sum of $5,000, and that the vessel was totally lost, of which due notice and proof was given to the company; that the loss has not been paid; that in 1866 the plaintiff brought an action against the company, and April 4, 1868, recovered judgment for $5,016.44 debt and $82.77 costs; that…
1Opinion of the Court
ROWERR, District Judge.
This bill is founded on the general equity of creditors to reach and apply dividends made to stockholders when the corporation is insolvent, on the equity to reach corporate assets fraudulently concealed, and on Rev. St. Me. 1857, c. 46, § 34, giving a judgment creditor a bill in equity in the supreme judicial court to reach dividends improperly paid. In so far as the allegations are that the defendant Hill is indebted to the corporation itself, I am much inclined to think the objection is well taken that the trustees are the only persons who can bring him to an…
2Cases cited14 opinions
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
- Glenny v. LangdonSupreme Court of the United States · 1878
- Ogilvie v. Knox Insurance Co.Supreme Court of the United States · 1860
- Hendricks v. RobinsonNew York Court of Chancery · 1817
- Manhattan Life Ins. v. WarwickSupreme Court of Virginia · 1871
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3Cited by1 opinion
- Hobbs Mfg. Co. v. GoodingCourt of Appeals for the First Circuit · 1910