Morgan v. Kansas Pac. Ry. Co.
District Court, S.D. New York
In Equity. Bill in equity by the holder of certain coupons attached to income bonds of the Kansas Pacific Railway Company, for an accounting and a decree of payment. The plaintiff sues “on behalf of himself and all other holders of income bonds who may show themselves entitled to relief, and who shall in due time come in and ask relief by and contribute to the expenses of this suit.”
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In Equity. Bill in equity by the holder of certain coupons attached to income bonds of the Kansas Pacific Railway Company, for an accounting and a decree of payment. The plaintiff sues “on behalf of himself and all other holders of income bonds who may show themselves entitled to relief, and who shall in due time come in and ask relief by and contribute to the expenses of this suit.” Lewis, the trustee of the bonds, was named as defendant to the bill, but was not served with process, and did not appear in the cause. The bill averred a request upon Lewis to bring this suit, but no proof of the…
1Opinion of the Court
Blatchford, Justice.
Benjamin W. Lewis is named in the billas a defendant. Process of subpoena is prayed against him in the bill. The bill avers that “during the several years last past the defendant Benjamin W. Lewis has duly become sole trustee under said income mortgage,” and “has been requested to bring an action for the accounting and injunction asked by the plaintiff herein, but he has fiegleeted and failed to bring such action or comply with said request, and he is, therefore, made a defendant in this action.” The answer of the Kansas Pacific Railway Company admits that “during several…
2Cited by3 opinions
- Cherry v. HowellCourt of Appeals for the Second Circuit · 1933
- Consolidated Water Co. v. City of San DiegoU.S. Circuit Court for the District of Southern California · 1898
- Spies v. Chicago & E. I. R.U.S. Circuit Court for the District of Southern New York · 1887