Legal Opinion

Weir v. Bay State Gas Co.

U.S. Circuit Court for the District of Delaware

Decided November 9, 1898No. 200PublishedCited by 8 opinions

This is a suit in equity by James B. Weir and James B. Weir, Jr., as stockholders, against the Bay State Gas Company of Delaware, John Edward Addicks, John Bateman, J. Frank Allee, Newall Ball, and Caleb- R. Layton. On demurrer to bill.

1Opinion of the Court

DALLAS, Circuit Judge.

This is a suit by two shareholders in a corporation, against the corporation itself and its president and such of its directors as are known to the complainants. Rule 94 has been complied' with. The object of that rule is to prevent suits of this character from being collusively brought to confer on a court of the United States jurisdiction of a case of which it would not otherwise have cognizance. It introduced no new principle. It had long been settled that to enable a stockholder in a corporation to maintain a .suit in equity in his own name, in which, ordinarily, the…

2Cases cited3 opinions

  1. Hawes v. OaklandSupreme Court of the United States · 1882
  2. Jaros Hygienic Underwear Co. v. Fleece Hygienic Underwear Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1894
  3. Aylesworth v. Gratiot CountyU.S. Circuit Court for the District of Eastern Michigan · 1889

3Cited by8 opinions

  1. Adam v. FolgerCourt of Appeals for the Sixth Circuit · 1903
  2. Dennison Mfg. Co. v. Thomas Mfg. Co.U.S. Circuit Court for the District of Delaware · 1899
  3. Harden v. Eastern States Public Service Co.Court of Chancery of Delaware · 1923
  4. McMullen Lumber Co. v. StrotherCourt of Appeals for the Eighth Circuit · 1905
  5. Edwards v. Bay State Gas Co.U.S. Circuit Court for the District of Delaware · 1898

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