Colley v. Wolcott
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Kansas. Suit in equity by William E. Colley against the New York Zinc Company, Charles C. Wolcott, and Frances E. Wolcott. Complainant and the defendant corp'oration appeal from a part of the final decree making an allowance to complainant’s solicitors.
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Appeal from the Circuit Court of the United States for the District of Kansas. Suit in equity by William E. Colley against the New York Zinc Company, Charles C. Wolcott, and Frances E. Wolcott. Complainant and the defendant corp'oration appeal from a part of the final decree making an allowance to complainant’s solicitors. In an equitable action brought by Colley, a stockholder in the New York Zine Company, for himself and such other stockholders as might join in the bill, against the Zinc Company and Charles C. and Frances E. Wolcott, the controlling directors of the company, to set aside…
1Opinion of the CourtAdams, Circuit Judge
(after stating the facts as above). The services of the solicitors in this case resulted in rescuing from spoliators a large amount of property, -not only for the benefit of the complainant, but for the benefit of all the stockholders of the Zinc Company, and by means of these services the property was brought under the control of the court. In these circumstances nothing is plainer than that the cost of a restitution of this kind should be borne by those benefited by it. Trustees v. Greenough, 105 U. S. 527, 26 L. Ed. 1157.
[ 1 ] While allowances for solicitor’s fees have sometimes been made…
2Cases cited4 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
- Chase v. DriverCourt of Appeals for the Eighth Circuit · 1899
- Farmers' Loan & Trust Co. v. McClureCourt of Appeals for the Eighth Circuit · 1897
3Cited by26 opinions
- Cinerama, Inc., a New York Corporation v. Sweet Music, S.A., a Swiss Corporation, and Union Bank of Switzerland, a Swiss CorporationCourt of Appeals for the Second Circuit · 1973
- Winslow v. Harold G. Ferguson Corp.California Supreme Court · 1944
- Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
- Wallace v. FiskeCourt of Appeals for the Eighth Circuit · 1936
- Nolte v. Hudson Nav. Co.Court of Appeals for the Second Circuit · 1931
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