Legal Opinion

Cuba Colony Co. v. Kirby

Michigan Supreme Court

Decided September 20, 1907No. Docket No. 79PublishedCited by 7 opinions

Appeal from Calhoun; Hopkins, J. Bill by the Cuba Colony Company against Adolphus D. Kirby, Charles H. Howard, and Harriet E. Howard for the cancellation of certain shares of stock on the ground of fraud. From a decree for complainant, defendants appeal.

1Opinion of the CourtMcAlvay, C. J.

This is a suit in equity brought for the purpose of procuring the cancellation of certain of complainant’s shares of stock held by defendants upon the ground that their issuance was procured by fraud. *455Complainant obtained a decree in the circuit court. Defendants appeal.

The material facts are as follows: In 1902, one Don Carlos Batchelder and defendants Adolphus D. Kirby and Charles H. Howard obtained an option or contract for the purchase of a tract of land in Cuba. They were to pay for this land the sum of $40,000. When they secured this option it was their plan to promote a company to whom…

2Cases cited1 opinion

  1. Simons v. Vulcan Oil & Mining Co.Supreme Court of Pennsylvania · 1869

3Cited by7 opinions

  1. Washington Capitols Basketball Club, Inc. v. BarryDistrict Court, N.D. California · 1969
  2. American Forging & Socket Co. v. WileyMichigan Supreme Court · 1919
  3. Scully v. Automobile Finance CompanyCourt of Chancery of Delaware · 1917
  4. Parker v. BoyleIndiana Supreme Court · 1912
  5. Jarvis v. Great Bend Oil Co.Supreme Court of Oklahoma · 1917

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