HERHOLD
v.
UPTON
Mr. Chief Justice Waite delivered the opinion of the court.
The principles decided in Upton v. Tribilcock, 91 U. S. 45; Sanger v. Upton, 91 U. S. 56; and Webster v. Upton, 91 U. S. 65, are conclusive of this case. The judgment of the Circuit Court is, therefore, affirmed upon the authority of those cases. If the stock held by Herhold is part of the increased capital, he is estopped by his acceptance of the certificate from denying the regularity of the proceedings under which the increase was effected. If it is part .of the original stock, his liability exists whether the increase was made or not. In either event the testimony offered to show that he did not sign the assent to the increase of the capital stock, filed with the auditor of public accounts, was immaterial and properly excluded. Affirmed.
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Citator
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In re Hurley Mercantile Co. v. Atascosa Cnty. State Bank of Jourdanton, 56 F.2d 1023 (5th Cir. 1932)…13 U. S. 81, 5 S. Ct. 369, 28 L. Ed. 938. In a statute relating to judgments reviewable in the Supreme Court, the term “rendered” was held to refer to such judgments as had attained appealable perfection. Yznaga del Valle v. Harrison, 93 U. S. 233, 23 L. Ed. 892. General Order in Bankruptcy XXXVI (11 US CA § 53) fixed the time for appeals in bankruptcy as “within thirty days after the judgment or decree,” and this was said to mean thirty days after its entry. Conboy v. First National Bank, 203 U. S. 141, 2…
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JOY v. Godchaux, 35 F.2d 649 (8th Cir. 1929)…s payment as upon the payment of any other debt due to the company. Sanger v. Upton, 91 U. S. 56, 23 L. Ed. 220; Webster v. Upton, Assignee, 91 U. S. 65, 23 L. Ed. 384; Camden v. Stuart, 144 U. S. 104, 12 S. Ct. 585, 36 L. Ed. 363; Herhold v. Upton, 154 U. S. 624, Appx., and 14 S. Ct. 1203, 23 L. Ed. 892. The contest is not between two parties in pari delicto. While the creditors may not be in the same category as innocent holders of notes, they occupy a status brought about by reliance upon appellee and oth…1 / 2
Authorities Cited
- Upton v. Tribilcock, 91 U.S. 45 (U.S. 1875)
- Sanger v. Upton, 91 U.S. 56 (U.S. 1875)
- Webster v. Upton, 91 U.S. 65 (U.S. 1875)