Legal Opinion

In re Remington Automobile & Motor Co.

Court of Appeals for the Second Circuit

Decided March 26, 1907No. 202PublishedCited by 28 opinions

Appeal from the District Court of the United States for the Northern District of New York. This cause comes here upon appeal from an order of the District Court, Northern District of New York, which set aside certain contracts made by the bankrupt corporation with its various stockholders, found that certain of its shares represented stock which was not full paid, and ordered that a call and assessment be made upon the holders of such shares to an amount sufficient in each…

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Appeal from the District Court of the United States for the Northern District of New York. This cause comes here upon appeal from an order of the District Court, Northern District of New York, which set aside certain contracts made by the bankrupt corporation with its various stockholders, found that certain of its shares represented stock which was not full paid, and ordered that a call and assessment be made upon the holders of such shares to an amount sufficient in each case to make the stock full paid. As to certain other of the stockholders it was further adjudged that they were not…

1Opinion of the Court

LACOMBE, Circuit Judge.

The case is an intricate and complicated one, because of the issues of stock made from time to time to different individuals under different circumstances. The district judge has fully and carefully stated the facts necessary to be considered, and has set forth the relevant documents in full. It .would be a waste of time to restate them here, except so far as may be necessary to an understanding of the different conclusions hereinafter expressed.

The Right to Make Assessment.

The Remington, etc., Company is a New Jersey corporation, and subject to the following statutory…

2Cases cited1 opinion

  1. Scovill v. ThayerSupreme Court of the United States · 1882

3Cited by28 opinions

  1. Harrigan v. BergdollSupreme Court of the United States · 1926
  2. Babbitt v. ReadCourt of Appeals for the Second Circuit · 1916
  3. Feehan v. KendrickIdaho Supreme Court · 1918
  4. Kiskadden v. SteinleCourt of Appeals for the Sixth Circuit · 1913
  5. In re Jassoy Co.Court of Appeals for the Second Circuit · 1910

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