Page:Federal Reporter, 1st Series, Volume 7.djvu/543

 UNITSD STATES V. OIiOBB WORKS. 681 �The bill alleges that the Globe Works, formerly oalled th& Globe Locomotive Works, were incorporated by the legisla- ture of Massachusetts, in 1854, with a capital stock of not more than $300,000 ; that June 30, 1868, they were indebted to the United States in $8,725.20, for taxes on certain steam- engines manufactured by them, and in the further sum of $436.26, penalty for non-payment; that in April, 1867, the defendants John Souther and George Souther, being a ma- jority in number and interest of the stockholders of said Company, filed a bill in the supreme judicial court of Massa- chusetts against Daniel N. Pickering, the only other stock- holder, and against one Catey a creditor, asking for a disso- lution of thc corporation, and for a receiver ; that such an order was passed, and the defendant Talbot was appointed such receiver, April 22, 1867, with very full powers, which are set out in the bill ; that Talbot entered upon his duties, but ne ver filed an aceount, and ne ver paid the plaintififs said Bums so due them; that in June, 1876, all the parties to that suit made the following agreement, which was filed in and made part of the records of said court: �" John Souther v. T?ie Qlobe Work» and other». It is agreed between all the parties in the above-named case, which has been settled between them, that the receiver shall settle no aceount therein, and that the bill shall be dismissed without cost8,.and that the receiver shall deliver up all property, assets, and effects in his hands or possession to said John Souther, the same to be held by him as his own property." �That, in pursuance of this agreement, all the capital, property, and assets of the corporation were delivered up, in fraud of the creditors of the company, by the defend- ant Talbot, to the defendant John Souther, who has ever sinee held the same, and the proceeds of the same, as his own property, and has never paid .the plaintiffs. That by such surrender the company wa,8 made, and has ever since remained, insolvent and unable to pay said sums, and were deprived of all property from which a judgment at law for the same could be satisfled. That they owe the above-men- tioned sums to the plaintifs, with interest. �The prayer is that the defendants John Souther, George Souther, Daniel N. Pickering, and Aristides Talbot may ��� �