Legal Opinion
Watts v. Vanderbilt
Court of Appeals for the Second Circuit
Decided December 15, 1930No. 169PublishedCited by 20 opinions
1Opinion of the CourtSwan, Circuit Judge
(after stating the facts as above).
Equity Rule 27 (28 USCA § 723) requires a shareholder’s, representative suit to set forth with particularity “the efforts of the plaintiff to secure such action as he desires on the part of the managing directors or trustees, and, if necessary, of the shareholders, and the causes of his failure to obtain such action, or the reasons for not making such effort.” The bill is silent as to any efforts by the plaintiffs to procure the corporation to bring suit for the redress of its wrongs. Tr the allegations that the board of directora has not functioned for the…
2Cases cited18 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Southern Pacific Co. v. BogertSupreme Court of the United States · 1919
- United Copper Securities Co. v. Amalgamated Copper Co.Supreme Court of the United States · 1917
- Davenport v. DowsSupreme Court of the United States · 1874
- Taylor v. HolmesSupreme Court of the United States · 1888
13 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Rachel Castner v. First National Bank of Anchorage, Arctic Cold Storage, Inc., and Union Bank of AnchorageCourt of Appeals for the First Circuit · 1960
- Dluhos v. Floating & Abandoned Vessel, Known as "New York"Court of Appeals for the Second Circuit · 1998
- Dluhos v. Floating and Abandoned Vessel, Known as New YorkCourt of Appeals for the Second Circuit · 1998
- Johnson v. Barthur Espey, Shearson, Hammill & Co.District Court, S.D. New York · 1972
- Escoett v. Aldecress Country ClubSupreme Court of New Jersey · 1954
15 more not listed; retrieve them via the Exa API.