Treat v. Hubbard-Elliott Copper Co.
District Court, D. Alaska
This matter is before the court upon defendants’ general demurrer to the complaint, which was filed in this court February 1, 1912, alleging that both the defendant companies were organized under the laws of the state of Washington; that the Hubbard-Elliott Copper Mines Development Company, hereinafter called the development company, was organized in 1904 with a capital stock of 1,500,000 shares of the par value of $1 each; that the Hubbard-Elliott Copper Company,…
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This matter is before the court upon defendants’ general demurrer to the complaint, which was filed in this court February 1, 1912, alleging that both the defendant companies were organized under the laws of the state of Washington; that the Hubbard-Elliott Copper Mines Development Company, hereinafter called the development company, was organized in 1904 with a capital stock of 1,500,000 shares of the par value of $1 each; that the Hubbard-Elliott Copper Company, hereinafter called the copper company, was organized in January, 1911, with an authorized capítol stock of 3,500,000 shares of the…
1Opinion of the Court
*503In the court’s opinion it cites with approval and quotes from Taylor v. Erale, 8 Hun (N. Y.) 1, as follows:
“The sale was not real. It was a mere form to turn a New York corporation into a Vermont one, and thus escape the scrutiny into the affairs of the company permitted by the New York law to the stockholders.”
The differing facts show that these decisions should not be controlling in the present case.
The authorities cited by defendants’ counsel do not support the extremity of right claimed by them for the majority stockholders of the corporation. The text of 10 Cyc. p. 1138, is not…
2Cases cited13 opinions
- Louisville & Nashville Railroad v. KentuckySupreme Court of the United States · 1896
- Jones v. Missouri-Edison Electric Co.Court of Appeals for the Eighth Circuit · 1906
- Ervin v. Oregon Ry. & Nav. Co.U.S. Circuit Court for the District of Southern New York · 1886
- Tanner v. Lindell Railway Co.Supreme Court of Missouri · 1904
- Wheeler v. Abilene Nat. Bank Bldg. Co.Court of Appeals for the Eighth Circuit · 1908
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