Howard v. Corey
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the 1-Ion. William H. Simpson. The bill in this case was filed by the appellee, Lorenzo Corey, against. Frank A. Howard, Jas.
Read the full summary
Appeal from the Chancery Court of Morgan. Heard before the 1-Ion. William H. Simpson. The bill in this case was filed by the appellee, Lorenzo Corey, against. Frank A. Howard, Jas. A. Howard and the Alabama Flint Co. The facts as averred in the bill may be summarized as follows: The Alabama Flint Company was incorporated at Decatur, Alabama, in 1896 by John D. Wyker, C. A. Malone and Frank A. Howard, each of whom, subscribed for 133 1-3 shares ■of tlie capital stock of said company, which consisted of 400 share’s of the par value of $100. Frank A. How.ard paid for his stock and a certificate…
1Opinion of the CourtSharpe, J.
Equity is the appropriate forum in which to settle conflicting claims to stock in a corporation and compel recognition on the part of the corporation -of the true ownership in shares in dispute.—Pom. Eq. Jur., § 1412; Abels v. Planters &c. Ins. Co., 92 Ala. 382; Fisher v. Jones, 82 Ala. 117. In such case it is proper to bring before the court as parties all persons having an interest in the stock whether legal or equitable, in order that thejr ma]r be bound by the decree and further litigation prevented. This according to the general rules of equity pleading.—Broughton v. Mitchell, 64 Ala.…
2Cases cited11 opinions
- Randle v. BoydSupreme Court of Alabama · 1882
- Bolman v. LohmanSupreme Court of Alabama · 1883
- Broughton v. MitchellSupreme Court of Alabama · 1879
- Enslen v. WheelerSupreme Court of Alabama · 1893
- Sandlin v. Anderson, Green & Co.Supreme Court of Alabama · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Young v. New Pedrara Onyx Co.California Court of Appeal · 1920
- Rowe v. Bonneau-Jeter Hardware Co.Supreme Court of Alabama · 1943
- Worthington v. MillerSupreme Court of Alabama · 1901
- Empire Realty Co. v. HartonSupreme Court of Alabama · 1911
- Johnston v. BatesSupreme Court of Alabama · 1923
5 more not listed; retrieve them via the Exa API.