Legal Opinion

Mayfield v. Alton Railway, Gas & Electric Co.

Illinois Supreme Court

Decided October 25, 1902PublishedCited by 11 opinions

Appeal from the Appellate Court for the Fourth District; — heard in that court on appeal from the Circuit Court of Madison county; the Hon. William Hartzell, Judge, presiding. Appellant brought this suit in the circuit court of Madison county for the use of one Smith, to recover the value of shares of capital stock owned by him in a corporation previously consolidated with another corporation forming the appellee, which was made defendant.

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Appeal from the Appellate Court for the Fourth District; — heard in that court on appeal from the Circuit Court of Madison county; the Hon. William Hartzell, Judge, presiding. Appellant brought this suit in the circuit court of Madison county for the use of one Smith, to recover the value of shares of capital stock owned by him in a corporation previously consolidated with another corporation forming the appellee, which was made defendant. To his declaration a general demurrer was overruled, and the defendant appealed to the Appellate Court for the Fourth District, where the judgment of the…

1Opinion of the CourtJustice Wilkin

On the allegations of this declaration the general demurrer raises the single question, does the lawful consolidation of a private corporation organized under the statutes of this State, with another private corporation “of the same kind and engaged in the same general business and carrying on its business in the same vicinity,” also' organized under the general statute of the State, both corporations being organized since the adoption of the act of 1872, amended in 1889, providing for the consolidation of corporations, give a dissenting stockholder in the first company a lawful right to…

2Cases cited2 opinions

  1. Clearwater v. MeredithSupreme Court of the United States · 1864
  2. Nugent v. the SupervisorsSupreme Court of the United States · 1874

3Cited by11 opinions

  1. Traer v. Lucas Prospecting Co.Supreme Court of Iowa · 1904
  2. Teschner v. Chicago Title & Trust Co.Illinois Supreme Court · 1974
  3. Meade v. Pacific Gamble Robinson Co.Court of Chancery of Delaware · 1947
  4. Beechwood Securities Corp. v. Associated Oil Co.Court of Appeals for the Ninth Circuit · 1939
  5. In re Interborough Consolidated Corp.District Court, S.D. New York · 1921

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