Stipp v. O'Malley

Citations

• 221 F. 372
• 137 C.C.A. 180
• 1915 U.S. App. LEXIS 1339

Syllabus

<p>Bankruptcy @=>250—Collection of Assets—Stock Subscbiftions—Jurisdiction.</p> <p>The bankruptcy court had power to make a preliminary inquiry concerning the necessity of assessing such subscriptions to the stock of a bankrupt corporation as might appear to be unpaid, and to authorize the trustee to make the assessment or call upon such unpaid subscriptions, notwithstanding a dispute as to whether anything was unpaid on the subscriptions; this not conclusively determining that the stockholder must pay, and not taking from him his right to prove, when sued on the assessment, that he had already discharged the obligations sued on.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 235, 350; Dee. Dig. <@=>250.]</p> <p>@=>For otter eases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>