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GREAT WESTERN MINING CO. v. HARRIS

No. 217.

198 U.S. 561 (1905)

GREAT WESTERN MINING AND MANUFACTURING COMPANY v. HARRIS.

Supreme Court of United States.

Decided May 29, 1905.

Attorney(s) appearing for the Case

Mr. Harlan Cleveland for petitioner as to the right of receiver to maintain the action.

Mr. Brainard Tolles, with whom Mr. Julien T. Davies was on the brief, for respondents as to the right of receiver to maintain action.

MR. JUSTICE DAY, after making the foregoing statement, delivered the opinion of the court.

The theory of the complainant's case seems to be that the transfers of the stock of the defendant and other directors and stockholders, paid for out of the proceeds of the bonds, in view of the allegations of the bill as to the condition of the company and the purposes in view by the defendant and associates, amounted to a breach of...

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