Bogert v. Southern Pac. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Suit in equity by Henry L. Bogert and others, executors, against the Southern Pacific Company. Decree for complainants, and defendant appeals.
1DissentHough, Circuit Judge
While concurring in the main with the majority, it seems to me plain that defendant should have received credit upon the accounting for such of the floating indebtedness of the Houston, etc., Railway as it gave up in the reorganization as carried through. We have held the Southern Pacific to an account as a majority shareholder because the majority holder or holders of record w.ere but defendant’s puppets, to which proposition I agree.
But defendant when it took all the shares of the reorganized or new corporation, after these plaintiffs had declined to take any, certainly lost what the old…
2Cases cited6 opinions
- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
- Hall v. LawSupreme Court of the United States · 1880
- Davis v. Smokeless Fuel Co.Court of Appeals for the Second Circuit · 1912
- Hubbard v. Manhattan Trust Co.Court of Appeals for the Second Circuit · 1898
- Waller v. Texas & P. Ry. Co.Court of Appeals for the Second Circuit · 1915
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