 As a creditors' bill, in the ordinary sense, the complaint is manifestly insufficient. The thresher company, however, plants itself upon the so-called "trust-fund" doctrine .that the capital stock of a corporation is a trust fund for the payment of its...  Albany Law Journal - Seite 2791892Vollansicht - Über dieses Buch
 | John Wilson Smith - 1897 - 922 Seiten
...does not depend upon any express statute granting it but rests upon the general equitable doctrine that the capital of a corporation Is a trust fund for the benefit of its creditors, and those to whom it has been refunded are trustees for their benefit." Hat/den... | |
 | Charles Burke Elliott - 1898 - 342 Seiten
...thresher company, however, plants itself upon the so-called "trust fund" doctrine that the capital stock of a corporation is a trust fund for the payment of its debts; its contention being that such a "bonus" issue of stock creates, in case of the subsequent insolvency... | |
 | 1899 - 1136 Seiten
...The American courts, following Wood v. Dummer, 3 Mason, 311, Fed. Cas. No. 17,944, have usually held that the capital of a corporation is a trust fund for the payment of its debts. Mor. Priv. Corp. § 780; Sanger v. Upton, 91 US 60; Union Mut Life Ins. Co. v. Frear Stone Mfg.... | |
 | 1899 - 1214 Seiten
...the organization of the corporation under the insurance laws of the state. The capital stock of such a corporation is a trust fund for the payment of its creditors, and where, as in this instance, the rights of innocent third persons attach, a fraud or breach of contract... | |
 | Illinois. Appellate Court, Martin L. Newell - 1899 - 716 Seiten
...purposes. 4. SAME— Capital Stock, When a Trust Fund.— In equity, the capital stock and property of a corporation is a trust fund for the payment of its debts. 5. SAME — Assets — How Regarded in Equity. — Equity regards the assets of a corporation... | |
 | William Miller Collier - 1900 - 918 Seiten
...set off against a debt due him individually. (Bishop v. Church, 3 Atk. 6ro.) And upon the principle that the capital of a corporation is a trust fund for the payment of the debts due to general creditors, it has been held that one could not set off an indebtedness due... | |
 | Abraham Clark Freeman - 1901 - 1072 Seiten
...The American courts, following Wood v. Dummer, 3 Mason, 311, Fed Cas. No. 17,944, have usually held that the capital of a corporation is a trust fund for the payment of its debts: Morawetz on Corporations, sec. 780; Sanger v. Upton, 91 US 60; Union Ins. etc. Co. v. Frear... | |
 | United States. Supreme Court - 1901 - 1548 Seiten
...785; Sawyer v. Boag, 84 U. 8. 17 Wall. 610 (21:781); Wood v. Dummer, 3 Mason, 308. The capital stock of a corporation is a trust fund for the payment of its creditors. Sawyer v. Hoag, 84 U. 8. 17 Wall. 610 (21: 781); Upton v. Tribilcock, 9'1 U. 8. 45 (23:203); Banner... | |
 | Washington State Bar Association - 1901 - 136 Seiten
...its debts from its own means, as they become due. The theory under discussion says that the property of a corporation is a trust fund for the payment of its debts; but this is also true of a partnership, and really of an individual, and for the same reason.... | |
 | 1900 - 326 Seiten
...court held that the action could not be maintained, and in dealing with the question that the property of a corporation is a trust fund for the payment of its debts, Mr. Justice Bradley, speaking for the court, said : " It is contended: however, by the appellant,... | |
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