BURKE v. SMITH

Not in source.

83 U.S. 390 (1873)

16 Wall. 390

21 L.Ed. 361

BURKE, v. SMITH.

Supreme Court of United States.

March 31, 1873.


Attorney(s) appearing for the Case

Messrs. Burke, Porter, and Harrison, for the appellants:

Mr. M.C. Kerr, contra.


Mr. Justice STRONG delivered the opinion of the court.

The question to be solved is whether the appellees are debtors to the railroad company for the excess of the subscriptions above $300, made by them to the articles of association. If they are, the complainants have an equitable right to subject those debts to the payment of the judgment they have against the railroad company. And it must also be conceded that if the company has, in fraud of its creditors, released...

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