CENTRAL STANDARD LIFE INS. CO. v. DAVIS

Gen. No. 10,067.

10 Ill. App.2d 245 (1956)

134 N.E.2d 653

Central Standard Life Insurance Company, Plaintiff-Appellant, v. C. Hayden Davis, et al., Abraham Lincoln Hotel Company, Abraham Lincoln Hotel Operating Company, and Charles H. Mitchell, Defendants-Appellees.

Appellate Court of Illinois — Third District.

Rehearing denied June 11, 1956.

Released for publication June 11, 1956.


Attorney(s) appearing for the Case

Vernon R. Loucks, of Chicago, and H.E. Fullenwider, of Springfield, for plaintiff-appellant; Charles O. Loucks, and James L. Henry, both of Chicago, of counsel.

Barber & Barber, of Springfield, and E.K. Bekman, of Ottumwa, Iowa, for C. Hayden Davis, F.M. Condit, E.E. Nicholson, Abraham Lincoln Hotel Operating Company, and Charles H. Mitchell, defendants-appellees; Clayton J. Barber, and Alton G. Hall, both of Springfield, of counsel; Giffin, Winning, Lindner & Newkirk, of Springfield, for Abraham Lincoln Hotel Company, defendant-appellee; Montgomery S. Winning, of Springfield, of counsel.


JUDGE REYNOLDS delivered the opinion of the court.

The plaintiff, Central Standard Life Insurance Company, as holder of 4098 shares of the preferred stock of the Abraham Lincoln Hotel Company, an Illinois corporation, filed suit in chancery in the circuit court of Sangamon county as a class action on behalf of itself and the other holders of preferred capital stock of said corporation, asking the court to direct a sale of the assets of the hotel company and to liquidate...

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