Rogers v. Guaranty Trust Co. of New York

PATTERSON, District Judge.

This suit is brought by a stockholder of the American Tobacco Company suing in his derivative right against the company, its directors and certain trustees who hold some 56,712 shares of its common stock. The suit was commenced in the New York Supreme Court, and came here by removal proceedings. The plaintiff’s object is to enjoin the distribution of the shares among the directors and others connected with the company and to obtain the cancellation of the shares. Issue having been joined, the ease comes up on the plaintiff’s motion to strike out four defenses pleaded…