Jahn v. Champagne Lumber Co.
U.S. Circuit Court for the District of Western Wisconsin
In Equity. On demurrer to bill. This is an action in equity in the nature of a creditors’ bill in behalf of the complainant and any other creditor similarly situated who may come in and join in the proceeding.
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In Equity. On demurrer to bill. This is an action in equity in the nature of a creditors’ bill in behalf of the complainant and any other creditor similarly situated who may come in and join in the proceeding. In substance it is charged that one Nyback, assignor of complainant, after a protracted litigation recovered certain judgments against the Champagne Lumber Company, a Wisconsin corporation, in the Circuit Court of the United States for the Western District of Wisconsin, for personal injury, amounting, with costs, to something over $2,500. Pending such litigation it is alleged that the…
1Opinion of the CourtQuarles, District Judge
(after stating the facts). The first proposition upon which the demurrer is predicated, namely, that the bill is multifarious, is wholly without merit. Bates Fed. Eq. Pro. § 195. It is the peculiar function of equity to protect creditors by treating the assets.of a defunct corporation as a trust fund; to discover and assemble all the assets of -the debtor corporation into a common fund, to be marshaled in the interest of all the creditors. Several cases are cited by counsel where conflicting remedies have been confounded in bills of this nature so that demurrers thereto have been sustained by…
2Cases cited6 opinions
- Sanger v. UptonSupreme Court of the United States · 1875
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Hatch v. DanaSupreme Court of the United States · 1880
- Williams v. BrewsterWisconsin Supreme Court · 1903
- Furnald v. GlennU.S. Circuit Court for the District of Southern New York · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Greer Inv. Co. v. BoothCourt of Appeals for the Tenth Circuit · 1932
- In re AugspurgerU.S. Circuit Court for the District of Southern Ohio · 1909
- Jahn v. Champagne Lumber Co.U.S. Circuit Court for the District of Western Wisconsin · 1908
- Backus v. BrooksU.S. Circuit Court for the District of Connecticut · 1911