Backus v. Brooks
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the District of Connecticut. Suit by Newton D. Backus and others against George D- Brooks and others. From a decree of the Circuit Court (189 Fed. 922) sustaining demurrers to the bill of complaint and dismissing the. bill, complainants appeal. Appeal from a decree sustaining demurrers filed by different defendants to a bill of complaint and dismissing such bill.
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Appeal from the Circuit Court of the United States for the District of Connecticut. Suit by Newton D. Backus and others against George D- Brooks and others. From a decree of the Circuit Court (189 Fed. 922) sustaining demurrers to the bill of complaint and dismissing the. bill, complainants appeal. Appeal from a decree sustaining demurrers filed by different defendants to a bill of complaint and dismissing such bill. In the opinion following the demurrers will be considered—in accordance with the defendants’ contention as stated in their brief—as being based upon three contentions: (1) .…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). [1] Is the bill bad for multifariousness?
The cause of action stated in behalf of the individual complainants is based upon the fraudulent conduct of majority stockholders toward the minority. Rights of stockholders to follow corporate property conveyed in fraud are asserted. The cause of action stated in favor of the corporation plaintiff is the breach of a contract to purchase certain articles, for which the remedy must be damages. The rights of the different plaintiffs are independent. The individuals assert rights as stockholders and the corporation has…
2Cases cited7 opinions
- Williams v. McMillanOhio Supreme Court · 1849
- 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
- Meeker v. Winthrop Iron Co.U.S. Circuit Court for the District of Western Michigan · 1883
- Ervin v. Oregon Ry. & Nav. Co.U.S. Circuit Court for the District of Southern New York · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Morton v. Morton Realty Co.Idaho Supreme Court · 1925
- Mills v. Tiffany's, Inc.Supreme Court of Connecticut · 1938
- Nave-McCord Mercantile Co. v. RanneyCourt of Appeals for the Eighth Circuit · 1928
- Arn v. Operators Royalty & Producing Co.District Court, N.D. Oklahoma · 1936
- Stebbins v. Michigan Wheelbarrow & Truck Co.Court of Appeals for the Sixth Circuit · 1914
4 more not listed; retrieve them via the Exa API.