| Robert Campbell - 1896 - 788 páginas
...Rule. holders of unpaid shares, and totally obliterate the doctrine of that and other American Courts, that the capital stock of a corporation is a trust fund for its creditors." Of Clark v. Bet-er, supra, he says (§ 1GG.~>), that it "in its reasoning goes to the... | |
| 1897 - 936 páginas
...ves itself into an insistance that the declaration of dividends was erroneous and therefore illegal. The capital stock of a corporation is a trust fund for the payment of creditors. This lies at the basis of the doctrineof the illegality of dividends which encroach on the... | |
| 1897 - 682 páginas
...could not claim any portion of the assets, because the American doctrine, as said by Thompson is, " that the capital stock of a corporation is a trust fund for the security and benefit of creditors." And as the wheel company is insolvent, its assets less in value... | |
| New York (State). Supreme Court. Appellate Division - 1907 - 1074 páginas
...in respect to that particular defect only, and the duty of inquiry extends no further; That although the capital stock of a corporation is a trust fund for the benefit of its creditors, who have an equitable lien thereon, both as against the stockholders and... | |
| Louisiana. Supreme Court - 1908 - 628 páginas
...not to be binding upon its creditors." And In the same case the court said: "The wholesome doctrine that the capital stock of a corporation is a trust fund for the payment of its debts, rests upon the idea that the creditors have a right to rely upon the fact that the subscribers to such... | |
| 1908 - 1298 páginas
...23 L. Ed. 220, it is said: "The capital stock of an incorporated company Is a fund set apart for tbe payment of its debts. It is a substitute for the personal liability which subsists in private copartnerships. When debts are Incnrred. a contract arises with the creditors... | |
| Illinois. Courts - 1908 - 604 páginas
...would have been, had they converted the property to their own use. -9. CORPORATIONS — CAPITAL STOCK. The capital stock of a corporation is a trust fund for the benefit of creditors and neither the board of directors nor the corporation can give it away or divert... | |
| Edward Henry Warren - 1909 - 736 páginas
...by an individual; that the same principles of law apply to each. That the phrase that " the capital of a corporation is a trust fund for the payment of its creditors " is misleading, if not inaccurate, is illustrated by the character of the actions that are... | |
| Walter Chadwick Noyes - 1909 - 996 páginas
...limitation that the rights of creditors must not be prejudiced. And this limitation — upon the ground that the capital stock of a corporation is a trust fund for its creditors — has been applied in favor of a creditor who became such subsequent to the agreement... | |
| 1911 - 1006 páginas
...corporators owe to the corporation or its creditors. — Trippe v. Huncheon, 82 Ind. 307. [c] (Sup. 1897) The capital stock of a corporation is a trust fund for the payment of its creditors, and, when a stockholder has paid the full par value of his stock, his liability is terminated,... | |
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