Legal Opinion · Dissent

Martin v. Brown

Court of Appeals for the Eighth Circuit

Decided December 10, 1923No. 6300Published

Appeal from the District Court of the United States for the District of Colorado; John Foster Symes, Judge. Suit by Alice Brown Martin and another against Frederick Sidney Brown and others. Motions to strike matter from the bill and to dismiss were granted (282 Fed. 717), and plaintiffs appeal.

1DissentTewis, Circuit Judge

The bill seeks equitable relief on the claim of fraudulent conduct by some of the individual defendants. It is a stockholders’ suit. The principal things complained about are, first, the transfer of the grocery business of the J. S. Erown & Brother Mercantile,Company (called Old Company), in which the two complainants are shareholders, to the J. S. Brown Mercantile Company (called New Company), in which they are not shareholders; secondly, sale of stock in the New Company and certain accounts receivable belonging to the Old Company; thirdly, that the board of directors of the Old Company has…

2Cases cited15 opinions

  1. Wood v. CarpenterSupreme Court of the United States · 1879
  2. Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
  3. O'BRIEN v. WheelockSupreme Court of the United States · 1902
  4. Hardt v. HeidweyerSupreme Court of the United States · 1894
  5. Burke v. SmithSupreme Court of the United States · 1873

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