City of Indianapolis v. Consumers' Gas Trust Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United' States for the District of Indiana. The city of Indianapolis appeals from a final decree of the Circuit Court against the appellant, as one of. the defendants in an ancillary bill filed by the appellee, Byron C. Quinby, who was complainant in an original suit, in the same court, against Consumers’ Gas Trust Company and other defendants.
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Appeal from the Circuit Court of the United' States for the District of Indiana. The city of Indianapolis appeals from a final decree of the Circuit Court against the appellant, as one of. the defendants in an ancillary bill filed by the appellee, Byron C. Quinby, who was complainant in an original suit, in the same court, against Consumers’ Gas Trust Company and other defendants. In such original suit a final decree was entered in conformity with the prayer of the bill, which included the winding up of the corporation, and that decree was affirmed on appeal to this court. Consumers’ Gas…
1Opinion of the Court
SEAMAN, Circuit Judge.
The issues which were in controversy under the original bill of the appellee, Quinby, were settled by the decree affirmed in Consummers’ Gas Trust Co. v. Quinby (C. C. A.) 137 Fed. 882. With the fact conceded that the supply of natural gas was exhausted, so that the Consumers’ Gas Trust Company was permanently incapable of furnishing such supply to the inhabitants of Indianapolis, the conclusions — (1) that the corporate franchise was limited and did not extend to other purposes which were contemplated; and (2) that the stockholders retained their property interests and…
2Cases cited13 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- National Waterworks Co. v. Kansas CityCourt of Appeals for the Eighth Circuit · 1894
- City of Crawfordsville v. BradenIndiana Supreme Court · 1891
- Muncie Natural Gas Co. v. City of MuncieIndiana Supreme Court · 1903
- Magee v. OvershinerIndiana Supreme Court · 1898
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3Cited by9 opinions
- Dallas Gas Co. v. StateCourt of Appeals of Texas · 1924
- Chase Nat. Bank of City of New York v. Citizens Gas Co. of IndianapolisCourt of Appeals for the Seventh Circuit · 1940
- State Ex Rel. McKittrick v. Missouri Standard Telephone Co.Supreme Court of Missouri · 1935
- State Ex Rel. North Carolina Utilities Commission v. CaseySupreme Court of North Carolina · 1957
- Schurtz v. City of Grand RapidsMichigan Supreme Court · 1919
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