Great Western Min. & Mfg. Co. v. Harris

WHEELER, District Judge.

This suit is brought by the receiver of the corporation to recover back money paid to the defendant for capital stock issued upon supposed improvements" of the property, without other consideration, and while the corporation is alleged to have been insolvent, and bought back to float mortgage, bonds sold, and for assets lost by abstraction of the manager through alleged negligence of the defendant as director. The answer denies tlie insolvency and the negligence, and sets up the payment of all then existing debts. Proceedings for revivor have been brought against the…