REILLY v. SEGERT

Nos. 38367, 38372, Cons.

31 Ill.2d 297 (1964)

201 N.E.2d 444

GEORGE L. REILLY, Receiver of Deerfield Lumber & Fuel Co., Inc., et al., Appellants, v. EDWARD F. SEGERT et al., Appellees.

Supreme Court of Illinois.

Opinion filed September 29, 1964.


Attorney(s) appearing for the Case

THEODORE D. KAHN, of Chicago, (MAX CHILL and GEORGE D. KARCAZES, of counsel,) for appellants.

ALTHEIMER, GRAY, NAIBURG, STRASBURGER & LAWTON, of Chicago, and RUNYARD, BEHANNA, CONZELMAN & SCHULTZ, of Waukegan, (JOHN E. SCHULTZ and HOWARD L. KASTEL, of counsel,) for appellees.


Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

Prior to the enactment of the Business Corporation Act of 1933, it was settled that a shareholder of a corporation who sold his stock to the corporation while it was insolvent was liable to an injured creditor of the corporation for the amount paid to the shareholder for his stock. (Singer v. Hutchinson, 183 Ill. 606;

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