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Hale Vs. Allinson

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  • US Supreme Court
  • Jan 19, 1903

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  1. U.S. 56 (1903) U.S. Supreme Court Hale v. Allinson
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  2. U.S. 56 (1903) Hale v. Allinson
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  3. is to the creditor, and that the receiver of the company cannot enforce it. It was held, as far back as 1879, in Allen v. Walsh
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  4. and determined. The receiver of an insolvent corporation was not a proper party to bring such action. In Palmer v. Bank
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  5. of Zumbrota, 65 Minn. 90, (decided in 1896), the court referred to Allen v. Walsh
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  6. was a harmless error which had been corrected before it was assailed. Again, in Minneapolis Baseball Company v. City
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  7. to enforce such liability of stockholders. The Supreme Court of Minnesota has, however, in a very late case, Hanson v. Davison
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  8. Minn. 454 (decided in July, 1898), somewhat limited or explained Allen v. Walsh
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  9. in the opinion, that a creditor of the Citizens' Bank, which was an insolvent concern, brought an action ( Harper v. Carroll
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  10. remained unpaid upon them the sum of forty odd thousand dollars, exclusive of interest. The defendant in the Hanson v. Davison
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  11. action was named as a defendant in the other, or Harper v. Carroll
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  12. the court in the latter case did not acquire jurisdiction to render a judgment against her. In the opinion in Hanson v. Davison
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  13. having been found within the jurisdiction of the court either before or after judgment in the original action ( Harper v. Carroll
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  14. for it could be attached or sequestered in the original action. It was contended by the defendant in the Hanson v. Davison
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  15. case that, as there had been a former action ( Harper v. Carroll
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  16. such a conclusion would be, still it must be admitted that there are expressions in the opinion in the case of Allen v. Walsh
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  17. for the debts of the corporation, the method of enforcing it, and just what was decided by the case of Allen v. Walsh
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  18. of the case, and cannot be regarded as overruling the prior cases. The opinions in Minneapolis Baseball Company v. Bank
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  19. Minn. 441, and in Hanson v. Davison
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  20. under chapter 76 has no authority to enforce the stockholders' superadded liability. See Minneapolis Baseball Company v. City
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  21. Palmer v. Bank
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  22. appointed in the state, maintain such action in a foreign jurisdiction. This we have decided at this term in Evans v. Nellis
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  23. as this in the courts of that state. An examination of the opinion of the Chief Justice, however, in the Hanson v. Davison
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  24. which had already been decided by the same court years before and up to and including the Minneapolis Baseball Company v. Bank
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  25. or confer upon any receiver appointed in the case the right to proceed to enforce it. The cases of Whitman v. Oxford
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  26. National Bank, 176 U. S. 559 , and Hancock National Bank v. Farnum
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  27. We pursue the subject after the decision of Evans v. Nellis
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  28. not prevent it, he may maintain an action of this nature notwithstanding the former decision of this Court in Booth v. Clark
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  29. explained away by any subsequent decision of this Court to which our attention has been called. In Relfe v. Rundle
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  30. that no defense could be made by anyone. The case is no authority for the maintenance of this action. In Hawkins v. Glenn
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  31. situated as the complainant is in this suit, to maintain an action outside of the state of his appointment. In Hazard v. Durant
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  32. in another in his own name, though expressly authorized by the decree to maintain actions in his own name. In Hale v. Hardon
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  33. in favor of the right of the plaintiff to maintain the action, and the two circuit judges denying it. In Hilliker v. Hale
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  34. his action in a foreign jurisdiction was denied by the Circuit Court of Appeals of the Second Circuit. In Wigton v. Bosler
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  35. as Colt and Putnam, Circuit Judges, in 89 and 95 Fed., and made a decree in accordance with such views. In Hale v. Tyler
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  36. Judge Putnam, regarding himself bound by the decision of the circuit court of appeals in his own circuit, in Hale v. Hardon
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  37. supra, follows the authority of that case, but he added some further views to show that the receiver in Hale v. Hardon
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  38. rights of action which vested, not in the receiver, but in the creditors. He referred also to the case of Hayward v. Leeson
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  39. City of London v. Perkins
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  40. Brown's Parl.Cas.Toml. ed. 602, decided in 1734, and Mayor of York v. Pilkington
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  41. The demurrer was therefore overruled. On the other hand, in Bouverie v. Prentice
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  42. put an end to litigation. Here, no one issue could have tried the cause between any two of the parties. See also Ward v. Duke
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  43. a right to object to the joining of any distinct and unconnected causes of action. To the same effect is Birkley v. Presgrave
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  44. In Weale v. West-Middlesex
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  45. Ch. 358 (decided in 1820), the Lord Chancellor, in holding that the suit would not lie, referred to the case of York v. Pilkington
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  46. In Marselis v. Morris
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  47. by the separate plaintiffs, would not confer jurisdiction on the court upon any principle of equity. In Demarest v. Hardham
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  48. of the suit is to give protection to each suitor in the enjoyment of a common right. To the same effect is Rowbotham v. Jones
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  49. there were cases arising by reason of the so-called Schuyler frauds, such as New York & New Haven R. Company v. Schuyler
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  50. by Davis, J., in 34 N.Y., the case was not decided upon any one head of equity jurisdiction. In Railroad Company v. Mayor
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