Synnott v. Cummings
U.S. Circuit Court for the District of New Jersey
At Law. On motions by each party for the court to direct a verdict. Action on contract, and declaration in the common counts in assumpsit. At the trial it was shown that the plaintiff and defendant, with one Graham, were the owners of the stock of the Atlantic Match Company, a corporation of New Jersey; Synnott owning three-eighths, Cummings three-eighths, and Graham two-eighths.
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At Law. On motions by each party for the court to direct a verdict. Action on contract, and declaration in the common counts in assumpsit. At the trial it was shown that the plaintiff and defendant, with one Graham, were the owners of the stock of the Atlantic Match Company, a corporation of New Jersey; Synnott owning three-eighths, Cummings three-eighths, and Graham two-eighths. They were approached by one Eaton, a promoter of the National Match Company, who desired to buy out the Atlantic and made an offer for it; his offer being to take the entire stock of the company, giving in exchange…
1Opinion of the Court
ARCHBALD, District Judge1
(orally). Both sides agree that there are no material facts in dispute, and that the case is therefore to be disposed of by the court as a legal question, which throws the responsibility of it upon me. In meeting this task, however, I have not only the benefit of any previous ideas upon the subject, but of what I may properly characterize as a very lucid and able argument on the part of the respective counsel, which always makes the work of the court much easier. There is no doubt of the right of parties who are jointly interested in a concern to each sell his own…
2Cases cited2 opinions
- Bristol v. ScrantonCourt of Appeals for the Third Circuit · 1894
- Bristol v. ScrantonU.S. Circuit Court for the District of Western Pennsylvania · 1893
3Cited by3 opinions
- Bogert v. Southern Pac. Co.District Court, E.D. New York · 1915
- Duggan v. CommissionerUnited States Board of Tax Appeals · 1930
- Duggan v. CommissionerUnited States Board of Tax Appeals · 1930