LONG ET AL., TRUSTEES,

v.

STITES ET AL.

Citator

Cited By

• Landy v. Fed. Deposit Ins. Corp., 486 F.2d 139 (3d Cir. 1973)
  …receivership, any demand to bring suit in its behalf must be made upon the receiver rather than the directors. See, e. g., Wachsman v. Tobacco Products Corp., 129 F. 2d 815, 819 (3d Cir. 1942); Long v. Stites, 88 F. 2d 554 (6th Cir.), cert, denied, 301 U.S. 706, 57 S.Ct. 939, 81 L. Ed. 1360 (1937). This rule also applies to receivers of national banks. See, e. g., Lucking v. Delano, 129 F. 2d 283 (6th Cir. 1942); Wales v. Jacobs, 104 F. 2d 264 (6th Cir.), cert, denied, 308 U.S. 599, 60 S.Ct. 130, 84 L.Ed.…
• Helvering v. McGlue's Estate, 119 F.2d 167 (4th Cir. 1941)
  …ecutors’ fees could not have accrued prior to the allowance and approval of these fees by the probate court. See Pletz v. Commissioner, Dec. 20, 1940, 43 B.T.A. 140; cf. Commissioner v. Cadwalader, 3 Cir., 1937, 88 F. 2d 274, 275, certiorari denied, 301 U.S. 706, 57 S.Ct. 940, 81 L.Ed. 1360. Under the law of the District of Columbia, which controls here the question of executors’ fees, there is a strong public policy favoring the ultimate approval of all executors’ commissions by the probate court. As Justi…
• Lucking v. Delano, 129 F.2d 283 (6th Cir. 1942)
  …ry remedy within the corporation before suing on causes of action which in the first instance should be asserted by the corporation is based upon sound reason and has been repeatedly reaffirmed. Long v. Stites, 6 Cir., 88 F. 2d 554 certiorari denied 301 U.S. 706, 57 S.Ct. 939, 81 L.Ed. 1360; Wales v. Jacobs, 6 Cir., 104 F. 2d 264, 267, certiorari denied 308 U.S. 599, 60 S.Ct. 130, 84 L.Ed. 501; Lucking v. Delano, supra. When a corporation is in receivership the demand must be made upon the receiver, and the…