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Mcdonald Vs. Dewey

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  • US Supreme Court
  • May 28, 1906

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59 entries 8 linked 51 unlinked
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  1. Schreyer Vs. Scott US Supreme Court · Mar 24, 1890
  2. Bank Vs. Lanier US Supreme Court · Jan 01, 1870
  3. National Bank Vs. Case US Supreme Court · Jan 01, 1878
  4. Whitney Vs. Butler US Supreme Court · Nov 01, 1886
  5. Richmond Vs. Irons US Supreme Court · Mar 23, 1887
  6. Earle Vs. Carson US Supreme Court · Jan 19, 1903
  7. Sexton Vs. Wheaton US Supreme Court · Jan 01, 1823
  8. Stuart Vs. Hayden US Supreme Court · Jan 10, 1898
  9. U.S. 510 (1906) U.S. Supreme Court McDonald v. Dewey
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  10. U.S. 510 (1906) McDonald v. Dewey
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  11. to change their investments or to raise money for debts incurred outside the business of such corporation. Bank v. Lanier
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  12. of his stock to another person for his own benefit, as was done by the sale to Jewett in this case. National Bank v. Case
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  13. Marcy v. Clark
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  14. Nathan v. Whitlock
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  15. he may be able to show a full or partial consideration for the transfer as between himself and the transferee. Bowden v. Johnson
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  16. U. S. 251 . Upon the other hand, in Whitney v. Butler
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  17. condition was known or ought to have been known to him. There is no such limitation intimated in the case of Pauly v. State
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  18. The case, however, is not directly in point. The most pertinent in this connection is that of Stuart v. Hayden
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  19. the transferee was insolvent, and was known to the stockholder to be so when he transferred his stock. In Matteson v. Dent
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  20. according to law and that the insolvency of the bank occurred after the death of the intestate, citing Richmond v. Irons
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  21. the case did not involve the question here presented, but, in delivering the opinion, the prior cases of National Bank v. Case
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  22. U. S. 628 , and Bowden v. Johnson
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  23. Page 202 U. S. 525 Much stress is laid in the opinion of the court of appeals upon the case of Earle v. Carson
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  24. person unless it be made with knowledge of the insolvency of the bank. This was practically the ruling in Earle v. Carson
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  25. the vendee were insolvent, if the fact of such insolvency were at the time unknown to the seller. The case of Earle v. Carson
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  26. creditors, is only void upon evidence that the deed was made in contemplation of future indebtedness. Sexton v. Wheaton
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  27. Ridgeway v. Underwood
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  28. Bennett v. Bedford
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  29. Mass. 421. This was the interpretation given to a similar statute by the Supreme Court of Ohio in Peter v. Union
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  30. the ruling in the Peter case that he does not continue liable as to future creditors. The case of Bowden v. Johnson
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  31. now upholds. In saying this, I do not overlook the fact that the Court in its opinion refers to an Ohio case, Peter v. Union
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  32. in 1864 of a provision found in the act of 1863 which might have had the effect of limiting transfers. Earle v. Carson
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  33. U. S. 535 from the untrammeled power to make a lawful transfer of stock, as pointed out by this Court in Earle v. Carson
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  34. supra, and First Nat. Bank v. Lanier
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  35. cannot be consistently upheld without overthrowing those decisions and substituting a new statute. In National Bank v. Case
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  36. the case just reviewed has been reiterated time and time again, and is the settled law of this Court. Thus, in Bowden v. Johnson
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  37. of the prior holder as a stockholder are extinguished by the transfer. But it was held by this Court in National Bank v. Case
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  38. liability, perpetrated a fraud on the statute. This is the view enforced by the decision of the Chief Justice in Davis v. Stevens
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  39. Again, in Stuart v. Hayden
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  40. Is this not certain also, in view of the declaration in Stuart v. Hayden
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  41. which it was the purpose of Congress by the statute to secure. It remains only to briefly notice the case of Peter v. Union
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  42. and cited by the Court in its opinion. To understand that case, a prior decision of the Supreme Court of Ohio ( Brown v. Hitchcock
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  43. Ohio St. 667), of which the opinion in the Peter case was but an evolution, must be taken into view. In Brown v. Hitchcock
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  44. U.S. Supreme Court McDonald v. Dewey
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  45. Bowden v. Johnson
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  46. of Pauly v. State
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  47. of Stuart v. Hayden
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  48. In Matteson v. Dent
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  49. of National Bank v. Case
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  50. and Bowden v. Johnson
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