McQuillen v. Dillon

AUGUSTUS N. HAND, Circuit Judge.

There can be no doubt that the Maryland decree so far as it purported to cancel the interest of Dillon, Read & Co. in certain shares of stock of National Cash Register Company on the theory that they were unlawfully issued would necessarily rest upon proof that the shares were owned by Dillon, Read & Co. at the time of the commencement of suit. There was no such allegation in this or the Maryland bill. The plaintiffs’ allegations arq entirely vague and uncertain as to whether the stock interest was retained down to the time of bringing suit. The confused…