Ellerman v. Chicago Junction Railways & Union Stockyards Co.
New Jersey Court of Chancery
On bill and answers. This bill is filed by the complainant on behalf of himself, a stockholder in the Chicago Junction Railways and Union Stockyards Company, and all other stockholders therein who shall come in and contribute to the expenses of this suit, to enjoin the parties thereto from carrying into effect a certain agreement made by the directors of the said company, dated July 27th, 1891, with the defendants, Armour & Company, Nelson Morris & Company and Swift &…
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On bill and answers. This bill is filed by the complainant on behalf of himself, a stockholder in the Chicago Junction Railways and Union Stockyards Company, and all other stockholders therein who shall come in and contribute to the expenses of this suit, to enjoin the parties thereto from carrying into effect a certain agreement made by the directors of the said company, dated July 27th, 1891, with the defendants, Armour & Company, Nelson Morris & Company and Swift & Company. The Chicago Junction Railways and Union Stockyards Company, hereinafter styled “The Junction Company,” was organized…
1Opinion of the Court
Green, V. C.
The bill is filed by a stockholder in behalf of himself and any other applying stockholders against the corporation to prevent its carrying a contract, made by the directors, into execution, on the ground that the same is not legally within the powers conferred by its charter. No question is raised as to the validity of the organization, or the legality of the purposes stated in the certificate of incorporation- as not contemplated by the Corporation act, if, indeed, such questions could be raised by a private person in this court. National Docks Co. v. Central R. R. Co., 5 Stew.…
2Cases cited14 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Railroad Co. v. HowardSupreme Court of the United States · 1869
- Leslie v. . LorillardNew York Court of Appeals · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Solimine v. HollanderNew Jersey Court of Chancery · 1940
- Bookman v. R.J. Reynolds Tobacco Co.New Jersey Court of Chancery · 1946
- Daloisio v. Peninsula Land Co.New Jersey Superior Court Appellate Division · 1956
- Eliasberg v. Standard Oil Co.New Jersey Superior Court Appellate Division · 1952
- Kelly v. Kelly-Springfield Tire Co.New Jersey Court of Chancery · 1930
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