Commentaries On the Law of Private Corporations volume 2

Cover Commentaries On the Law of Private Corporations volume 2
Commentaries On the Law of Private Corporations volume 2
Seymour D Seymour Dwight Thompson
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1295 3 Thomp. Corp. § 1666. ] the contract of subscription. Sequently becoming insolvent, a creditor cannot charge the contractor as a holder of unpaid shares, but can at most charge him to the extent of their market value at the time when he received them from the corporation, which market value the creditor must aver and prove. ^ § 1666. New Doctrine that a Corporation can, as Against Creditors, Give away its Unissued Shares, Provided They are Worthless at the Time. — It is proposed to examin...e these extraordinary decisions of the Supreme Court of the United States more at length, as the writer believes that, while not pro- fessing to do so, they overturn all former rulings of the same court in respect of the rights of the creditors of corporations against the holders of unpaid shares, and totally obliterate tlie doctrine of that and other American courts, that the capital stock of a corporation is a trust fund for its creditors. In the first case, ^ a railroad company got into difficulties with the usual questionable practice of having its road built by a construction company whose president was also the president of the railroad company — the usual Credit Mobilier incident of railroad build- ino-.

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