Thames v. Central City Insurance
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before the Hon. Charles Turner. The bill in this case was filed on the 23d February, 1869, by Cornelius E. Thames, against the Central City Insurance Company, Henry A. Stollenwerck, its president, and William White, its secretary; and sought a decree restoring and reinstating the complainant as a stockholder in said company.
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Appeal from the Chancery Court of Dallas. Heard before the Hon. Charles Turner. The bill in this case was filed on the 23d February, 1869, by Cornelius E. Thames, against the Central City Insurance Company, Henry A. Stollenwerck, its president, and William White, its secretary; and sought a decree restoring and reinstating the complainant as a stockholder in said company. The material facts of the case, briefly stated, are these : The said insurance company was incorporated by an act of the General Assembly of Alabama, approved November 28, 1863, and its charter was subsequently amended by an…
1Opinion of the CourtPeters, C. J.
— The bill is filed by a stockholder in an incorporated company, to compel the company to restore him to his membership therein. The ground of equity alleged seems to be somewhat peculiar. The company is charged with practising a fraud on the complainant, by a misrepresentation or concealment of facts, which led to an injurious withdrawal by the complainant from the company. The answers fully and explicitly deny all fraud, or fraudulent suppression of the facts, on the part of the company or its agents; and we think, as the learned chancellor thought, that the evidence fully sustains the…
2Cases cited3 opinions
- Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
- Smyth v. OliverSupreme Court of Alabama · 1857
- Steamboat Belfast v. Boon & Co.Supreme Court of Alabama · 1867
3Cited by2 opinions
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