New Lamp Chimney Company v. Ansonia Brass & Copper Co.
91 U.S. 656 (1875)

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U.S. Supreme Court

New Lamp Chimney Company v. Ansonia Brass & Copper Co., 91 U.S. 656 (1875)

New Lamp Chimney Company v. Ansonia Brass & Copper Company

91 U.S. 656

Syllabus

1. The creditor of a manufacturing corporation which was duly adjudicated a bankrupt, who proved his claim and received a dividend thereon, does not thereby waive his right of action for so much of the claim as remains unpaid.

2. A decree adjudging a corporation bankrupt is in the nature of a decree in rem as respects the status of the corporation, and, if the court rendering it has jurisdiction, can only be assailed by a direct proceeding in a competent court, unless it appears that the decree is void in form or that due notice of the petition was not given.

Page 91 U. S. 657

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