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" As a creditors' bill, in the ordinary sense, the complaint is manifestly insufficient. The thresher company, however, plants itself upon the so-called "trust-fund" doctrine .that the capital stock of a corporation is a trust fund for the payment of its... "
National Bank Cases: Containing All Decisions of Both the Federal and State ... - Halaman 534
oleh Irving Browne - 1889
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 3

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Hiram Edward Sickels, Edward Jordan Dimock, Edmund Hamilton Smith, Edwin Augustus Bedell, Louis J. Rezzemini, Alvah S. Newcomb, James Newton Fiero - 1850 - 614 halaman
...however, that the creditors have no remedy against stockholders who have not paid up their subscription. The capital stock of a corporation is a trust fund for the security of its creditors. (Case v. Grant, 15 Mass. 505 ; Spear v. Grant, 16 id. 92 ; Wood v. Dununer,...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 83

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1891 - 782 halaman
...are stated in the opinion. Sweet & Perkins (Birney Hoyt, .of counsel), for complainant, contended: 1. The capital stock of a corporation is a trust fund for the benefit of its creditors; citing Wood v. Dummer, S Mason, 308; Spear v. Grant, 16 Mass. 9; Vose v....
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Connecticut Reports: Containing Cases Argued and Determined in ..., Volume 49

Connecticut. Supreme Court of Errors - 1883 - 658 halaman
...high^st nature known to the law. Calhoun v. Richardson, 30 Conn., 210 ; Salmon v. Richardson, id., 360. The capital stock of a corporation is a trust fund for the benefit of creditors, and cannot be dealt with by the corporation or its directors in such a way as...
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Albany Law Journal, Volume 45

1892 - 582 halaman
...manifestly insufficient. The thresher company however plants itself upon the so-called " trust-fund " doctrine that the capital stock of a corporation is a trust fund for the payment of its debts; its contention being that such a " bonus " issue of stock creates, in case of the subsequent...
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The National Bankruptcy Register Reports: Containing All the ..., Volume 12

William A. Shinn - 1875 - 624 halaman
...by-law by the officers or directors of the company, furnishes no rule for a construction by this court. The capital stock of a corporation is a trust fund for the benefit of its creditors, and no transfer thereof can be made by which, as to creditors of the company,...
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The Central Law Journal, Volume 2

1875 - 722 halaman
...the company, furnishes no rule for a construction by this court. 6. Capital Stock л Trust Fund.— The capital stock of a corporation is a trust fund for the benefit of its creditors, and no transfer thereof can be made by which, as to creditors of the company,...
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The Southern Law Review: And Chart of the Southern Law and ..., Volume 2

1876 - 860 halaman
...these three cases, as well as Scammon v. Kimball, follow the principle of Sawyer v. Hoag, 17 Wall. 610, that the capital stock of a corporation is a trust fund for the payment of its debts to its creditors, which must in all cases be applied to that purpose pro rata. Others of the...
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Reports of Cases Argued and Determined in the Circuit Court of United States ...

Jabez S. Holmes - 1877 - 596 halaman
...powers as to the dealings with trust estates. In Sawyer v. Ifoag, Mr. Justice Miller, speaking of the doctrine that the capital stock of a corporation is a trust fund for the benefit of the general creditors of the corporation as a doctrine of modern date, very pertinently...
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Reports of Cases Decided in the Circuit Courts of the United ..., Volume 1

United States. Circuit Court (4th Circuit) - 1877 - 684 halaman
...Again, in the case of Webster v. Upton, Assignee, is it said (p. 71, 1 Otto) : "The whole subscribed capital stock of a corporation is a trust fund for the payment of creditors when the corporation becomes insolvent The stock cannot be released, ie, the liabilities...
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New Cases Selected Chiefly from Decisions of the Courts of the ..., Volume 2

Austin Abbott - 1878 - 592 halaman
...and holding of a certificate of the stock subjects the holder to the liabilities of a stockholder. The capital stock of a corporation is a trust fund for the payment of its debts, and the directors of the corporation, who are the trustees of the fund, will not be permitted...
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