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VANDEN BOSCH v. MICHIGAN TRUST CO.

Nos. 5200, 5201.

35 F.2d 643 (1929)

VANDEN BOSCH v. MICHIGAN TRUST CO. PROTECTIVE COMMITTEE FOR 1955 PREFERRED STOCK OF THE WORDEN GROCER CO. v. VANDEN BOSCH.

Circuit Court of Appeals, Sixth Circuit.

May 17, 1929.

Attorney(s) appearing for the Case

Julius H. Amberg, of Grand Rapids, Mich. (Butterfield, Keeney & Amberg, of Grand Rapids, Mich., on the brief), for Vanden Bosch.

Benjamin P. Merrick, of Grand Rapids, Mich. (Travis, Merrick, Johnson & Judd, of Grand Rapids, Mich., on the brief), for Michigan Trust Co.

Clare J. Hall, of Grand Rapids, Mich., for Protective Committee.

Before DENISON, MACK, and HICKS, Circuit Judges.

DENISON, Circuit Judge.

These appeals grow out of an equity receivership in the court below of the Worden Grocer Company, a Michigan corporation. The question involved in 5200 is whether Mrs. Hills, a holder of so-called preferred stock, is a creditor. Formerly, under the statutes and decisions of Michigan, there have been the two familiar classes of stock — preferred and common; and it was clear that a preferred stockholder was not a creditor, but was entitled...

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