Legal Opinion

New Orleans Debenture Redemption Co. v. Louisiana

Supreme Court of the United States

Decided February 25, 1901No. 129PublishedCited by 9 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA. This is a writ of error to the Supreme Court of the State of Louisiana, brought for the purpose of reviewing a judgment of that court affirming a judgment of the Civil District Court for the parish of Orleans, decreeing the charter of the corporation plaintiff in error, under color of which it claimed corporate existence, to be null, void and of no effect. The suit was in the nature of a quo warranto.

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ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA. This is a writ of error to the Supreme Court of the State of Louisiana, brought for the purpose of reviewing a judgment of that court affirming a judgment of the Civil District Court for the parish of Orleans, decreeing the charter of the corporation plaintiff in error, under color of which it claimed corporate existence, to be null, void and of no effect. The suit was in the nature of a quo warranto. The attorney general of Louisiana, pursuant to statute, filed a petition in the trial court against the New Orleans Debenture Redemption…

1Opinion of the CourtJustice Peckham

This suit was brought against the defendant corporation alone, to obtain, among other things, a decree enjoining the company and its officers from acting as a corporation on the ground that its alleged charter was a nullity. It was also brought to forfeit the charter in case it should be held that it had been legally organized, and suclv forfeiture was prayed on the ground that the company had violated the law by not receiving cash on payment of its shares.

It is now claimed that the company defendant could not properly have been made a sole defendant in an action to declare null its charter…

2Cases cited3 opinions

  1. Memphis & Little Rock Railroad v. Railroad CommissionersSupreme Court of the United States · 1884
  2. Chubb v. UptonSupreme Court of the United States · 1877
  3. Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1891

3Cited by9 opinions

  1. Harrill v. DavisCourt of Appeals for the Eighth Circuit · 1909
  2. Tower Hill-Connellsville Coke Co. of West Virginia v. Piedmont Coal Co.Court of Appeals for the Fourth Circuit · 1933
  3. Brooks v. State Board of Funeral Directors & EmbalmersCourt of Appeals of Maryland · 1964
  4. Kardo Co. v. AdamsCourt of Appeals for the Sixth Circuit · 1916
  5. State v. New Orleans Debenture Redemption Co.Supreme Court of Louisiana · 1904

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