Irvine v. Baker
District Court, S.D. New York
At Law. Actions by Ellsworth C. Irvine, as receiver of the Columbus, Hocking Valley & Sandusky Railroad Company, against Fisher A. Baker and another, and against John W. Simpson and another. Motions of plaintiff and of defendants to direct verdict. Verdict directed for plaintiff in each case.
1Opinion of the Court
GRUBB, District Judge.
These actions were submitted for decision together. They are both actions by a receiver, appointed by an Ohio court to recover assessments made by that court, in proceedings there pending, upon the double liability of the testators under the Ohio Constitution and statutes as stockholders in an insolvent corporation.
The right of the receiver to recover is assailed upon these grounds: (1) The capacity of the plaintiff to maintain the action in a foreign jurisdiction. (2) Defects in the notice given the testators, or their personal representatives, of the pendency of the…
2Cases cited12 opinions
- Bernheimer v. ConverseSupreme Court of the United States · 1907
- Converse v. HamiltonSupreme Court of the United States · 1912
- Selig v. HamiltonSupreme Court of the United States · 1914
- Goss v. CarterCourt of Appeals for the Fifth Circuit · 1907
- Shipman v. . TreadwellNew York Court of Appeals · 1913
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Drug, Inc. v. HuntSupreme Court of Delaware · 1933
- Bennett v. WheatleySupreme Court of Georgia · 1922
- Redwine v. Dorman, Banking CommissionerCourt of Appeals of Kentucky (pre-1976) · 1934