Miller v. Audenried
New Jersey Court of Chancery
These suits are brought by the receiver of an insolvent corporation to recover of the respective defendants certain payments, alleged to have been made to them by the officers of the company after the company became insolvent and had suspended its ordinary business for want of funds to carry on the same as well as in contemplation of the insolvency.
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These suits are brought by the receiver of an insolvent corporation to recover of the respective defendants certain payments, alleged to have been made to them by the officers of the company after the company became insolvent and had suspended its ordinary business for want of funds to carry on the same as well as in contemplation of the insolvency. The first two suits were tried together, and the third was tried separately, but the main facts are so identical in all three that they will be considered together.
1Opinion of the Court
Reed, V. C.
The insolvent corporation, of which the complainant is -receiver, is the Haas Baking Company. This company was incorporated on May 23d, 1900, with a capital of $50,000, of which about $15,000 was paid for in cash and stock for the remainder was issued for good will of a former business. The company engaged in the baking and sale of bread, its plant being located in Camden. On the night of April 7th, or tire morning of April 8th, 1902, its plant was destroyed by fire. The officers of the company endeavored to- continue the business at Twent3rfourth and Hamilton streets,…
2Cited by4 opinions
- Turp v. DickinsonNew Jersey Court of Chancery · 1926
- Sloss v. TaylorSupreme Court of Arkansas · 1931
- Central-Penn Nat. Bank v. N.J. FidelityNew Jersey Court of Chancery · 1935
- Crystal Bay Corp. v. SchmittNevada Supreme Court · 1938