Legal Opinion

Clough v. Superior Equipment Corp.

Court of Chancery of Delaware

Decided July 8, 1931PublishedCited by 3 opinions

1Opinion of the Court

The Chancellor:

When the receiver was appointed in this case on the ground of insolvency, the corporation was possessed of real estate encumbered by a mortgage. Its personal property had been levied upon on executions issued out of the Court of Common Pleas, New Castle County.

The receiver took possession of all the real and personal property and in due course sold the same under orders of this court. The proceeds are now in hand awaiting distribution. The real estate brought considerably less than the amount due on the mortgage. How much, if any, the proceeds of the personal property fall…

2Cases cited4 opinions

  1. Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
  2. Schmidtman v. Atlantic Phosphate & Oil Corp.Court of Appeals for the Second Circuit · 1916
  3. Atlantic Refining Co. v. Penn Seaboard Steel Corp.Court of Chancery of Delaware · 1927
  4. Lupton v. HughesSuperior Court of Delaware · 1900

3Cited by3 opinions

  1. Clough v. Superior Equipment Corp.Court of Chancery of Delaware · 1931
  2. Di Angelo v. McCormick Bros.Court of Chancery of Delaware · 1933
  3. Bank Midwest v. R.F. Fisher Electric Company, LLCDistrict Court, D. Kansas · 2021

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