Legal Opinion

Hurt v. Cotton States Fertilizer Co.

Court of Appeals for the Fifth Circuit

Decided November 3, 1944No. 11122PublishedCited by 20 opinions

1Opinion of the Court

WALLER, Circuit Judge.

Plaintiff’s father, and testator, owned stock in the defendant corporation which he residuarily bequeathed to the plaintiff, and five others. When the then sole surviving and qualified executor, being financially unable, declined to bring suit for alleged fraudulent acts of the corporate management, plaintiff and his sister-in-law purchased all of the stock held by the executor and shortly thereafter filed suit herein.

Diversity of citizenship is appropriately alleged but it was asserted successfully in the Court below that under Section 22-711, Code of Ga. of 1933, and…

2Cases cited3 opinions

  1. Andrews Co. v. National Bank of ColumbusSupreme Court of Georgia · 1907
  2. Arcola Sugar Mills Co. v. BurnhamCourt of Appeals for the Fifth Circuit · 1933
  3. Scott v. Flint River Pecan Co.Supreme Court of Georgia · 1925

3Cited by20 opinions

  1. Samia v. Central Oil Co. of WorcesterMassachusetts Supreme Judicial Court · 1959
  2. 7547 Corp. v. Parker & Parsley Development Partners, L.P.Court of Appeals for the Fifth Circuit · 1994
  3. H F G Co. v. Pioneer Pub. Co.Court of Appeals for the Seventh Circuit · 1947
  4. Matthies v. Seymour Manufacturing Co.District Court, D. Connecticut · 1958
  5. Kenrich Corp. v. MillerCourt of Appeals for the Third Circuit · 1967

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