Legal Opinion

Moore v. Warrior Coal & Land Co.

Supreme Court of Alabama

Decided June 11, 1912PublishedCited by 13 opinions

Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Warrior Coal & Land Company, against Walter Moore and others, for an accounting, and for the cancellation of certain shares of stock, alleged to have been fraudulently issued. Decree overruling demurrer to the bill, and respondent appeals.

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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Warrior Coal & Land Company, against Walter Moore and others, for an accounting, and for the cancellation of certain shares of stock, alleged to have been fraudulently issued. Decree overruling demurrer to the bill, and respondent appeals. Counsel discuss two propositions, the first being that the bill wrongfully construes the contract, and second, that the bill shows on its face that if there was cause of action against Moore, it exists in favor of Oavanangh and his associates, and not in favor of the…

1Opinion of the CourtDowdell, C. J.

The Warrior Coal & Land Company, a corporation organized under the laws of this state, files this bill against its promoter, Walter Moore, and his alleged guilty confederates, and the bill also makes all of the stockholders of the complainant parties respondent. The bill charges infidelity and fraud in the organization of the corporation by the promoter, both prior and subsequent to the issuance of its charter, and seeks to have an accounting by the promoter, and prays also the cancellation of the certificates of stock in said corporation illegally issued to the promoter. The bill is lengthy,…

2Cases cited1 opinion

  1. Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900

3Cited by13 opinions

  1. Gladstone v. BennettSupreme Court of Delaware · 1959
  2. Fort Myers Development Corp. v. J. W. McWilliams Co.Supreme Court of Florida · 1929
  3. McNabb v. Tampa & St. Petersburg Land Co.Supreme Court of Florida · 1919
  4. Gladstone v. BennettCourt of Chancery of Delaware · 1959
  5. Riles v. Coston-Riles Lumber Co.Supreme Court of Alabama · 1922

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