Court of Chancery of Delaware, 1922

American Foundry Co. v. Premier Motor Corp.

American Foundry Co. v. Premier Motor Corp.
Court of Chancery of Delaware · Decided September 13, 1922
13 Del. Ch. 286; 120 A. 485; 1922 Del. Ch. LEXIS 25

Counsel

James L. Wolcott, for the complainant in Kent county proceeding, petitioner., Andrew C. Gray, of Ward, Gray & Neary, for the complainant in New Castle county proceeding., E. Ennalls Berl, for the defendant in New Castle county proceeding.

American Foundry Co. v. Premier Motor Corp.

Opinion of the Court

The Chancellor

held, that because of the institution of the suit in this court in New Castle county after, and during the pendency of, the suit instituted by the petitioner against this de*288fendant in this court in Kent county seeking the same relief, the receiver appointed in the New Castle County proceeding should be discharged. The receiver was, therefore, directed to file a report of his proceedings, and was thereafter discharged, the costs incurred in the New Castle county proceeding, including compensation to the receiver and his solicitor, being imposed upon the complainant therein.

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