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Clark Vs. Bever
Cites for this judgment
- US Supreme Court
- Mar 02, 1891
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U.S. 96 (1891) U.S. Supreme Court Clark v. BeverSearch
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U.S. 96 (1891) Clark v. BeverSearch
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creditors of the railway company, and, pursuant to its direction, the jury returned a verdict for the defendant. Clark v. BeverSearch
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except a circuit court has jurisdiction to allow or disallow a claim against the estate of a deceased person. Tillman v. BowmanSearch
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Shropshire v. LongSearch
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claim as one to be paid by the executor for administrator so far as the estate in his hands is sufficient. Foteaux v. LepageSearch
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Voorhies v. EubankSearch
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Little v. SinnettSearch
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Smith v. ShawhanSearch
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Dessaint v. FosterSearch
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that no such result can be constitutionally effected by state legislation. The case of Page 139 U. S. 103 Hess v. ReynoldsSearch
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See also Payne v. HookSearch
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Delaware County v. DieboldSearch
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amount, and a writ of error had been prosecuted by him to reverse that judgment. The case is different from Miller v. ClarkSearch
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The plaintiff contends that our decisions are to that effect. Let us see. In Sawyer v. HoagSearch
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is a trust fund sub modo for the benefit of its general creditors. And this principle was reaffirmed in Upton v. TribilcockSearch
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Morgan Co. v. AllenSearch
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Scoville v. ThayerSearch
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U. S. 319 , 131 U. S. 335 , and Richardson v. GreenSearch
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inquiry by ascertaining the character of the particular cases in which it has been applied by this Court. In Sawyer v. HoagSearch
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to be unpaid to the extent of the amount received back from the corporation under the pretense of a loan. In Upton v. TribilcockSearch
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the subscription and accepting, as in full payment, his note for the twenty percent agreed to be paid. Sanger v. UptonSearch
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case of the actual subscription of stock upon which the subscriber was held to pay the full sum subscribed. In Webster v. UptonSearch
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promise upon his part to pay. In Chubb v. UptonSearch
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liable to pay the amount thereof when called upon by the corporation or its assignee in bankruptcy, and in Pullman v. UptonSearch
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the transferor, was liable for the balance due on such stock. The doctrine of the latter case was approved in Hawkins v. GlennSearch
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In Morgan Co. v. AllenSearch
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it withdraw its bonds from that fund, and thereby avoid liability to the general creditors of the company. In Scoville v. ThayerSearch
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which they could have set aside whenever their rights intervened and their claims were unsatisfied. In Richardson v. GreenSearch
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this upon the ground stated in Webster v. UptonSearch
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modifying in any respect the principles laid down in the cases above cited, nor the salutary rule laid down in Sawyer v. HoagSearch
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These principles were reaffirmed in Richardson v. GreenSearch
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that did not give creditors and other stockholders just ground for complaint. As said by this Court in Peters v. BainSearch
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Graham v. RailroadSearch
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Railway v. HamSearch
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U. S. 541 . The general grounds upon which we have proceeded are supported by New Albany v. BurkeSearch
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