Shaffer v. McCulloch
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the District of Indiana. Suit in equity by Daniel G. Reid against-the Star Publishing Company, the AVestern Trust & Savings Bank, and the American Trust & Savings Bank, in which John C. Shaffer was admitted as a co-complainant and George P. McCulloch filed a cross-bill. From the decree defendant Star Publishing Company, Shaffer, and McCulloch appeal.
Read the full summary
Appeal from the Circuit Court of the United States for the District of Indiana. Suit in equity by Daniel G. Reid against-the Star Publishing Company, the AVestern Trust & Savings Bank, and the American Trust & Savings Bank, in which John C. Shaffer was admitted as a co-complainant and George P. McCulloch filed a cross-bill. From the decree defendant Star Publishing Company, Shaffer, and McCulloch appeal. The several appeals are from a decree entered December 1, 1010, ordering to be sold as a whole the property of the Star Publishing Company, a corporation of Indiana, including its plant,…
1Opinion of the CourtGrosscup, Circuit Judge
'(after stating tke'facts as above). Two ■grounds are urged in argument in support of the right of the Circuit Court to proceed to a decree notwithstanding the motions of the creditors and of the trustees of the bondholders to have the proceedings dismissed.: (a) that McCulloch, though on the face of the organization papers a preferred stockholder only, was in fact a creditor, and, therefore, against his consent the administration suit could not be .stopped short of a sale and distribution of the property; and (b) the Star Publishing Company being adjudged insolvent by order of the court…
2Cases cited5 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Blake v. McClungSupreme Court of the United States · 1898
- Graham v. Railroad Co.Supreme Court of the United States · 1880
- McDonald v. WilliamsSupreme Court of the United States · 1899
- Wabash, St. Louis & Pacific Railway Co. v. HamSupreme Court of the United States · 1885
3Cited by5 opinions
- Hazel Atlas Glass Co. v. Van Dyk & Reeves, Inc.Court of Appeals for the Second Circuit · 1925
- Star Publishing Company v. BallIndiana Supreme Court · 1922
- Wineinger v. Farmers' & Stockmen's Loan & Investment Ass'nCourt of Appeals of Texas · 1925
- In Re PHŒNIX HOTEL CO., LEXINGTON, KY.District Court, E.D. Kentucky · 1935
- Owatonna Metal Products Co. v. H. D. Hudson Manufacturing Co.Appellate Court of Illinois · 1935