Legal Opinion

Converse v. Stewart

Court of Appeals for the Second Circuit

Decided May 13, 1912No. 204Published

In Error to the District Court of the United States for the Southern District of New York. Action at law by Theodore R. Converse, receiver, against John A. Stewart. Judgment for defendant (192 Fed. 941), and plaintiff brings error. This cause comes here upon appeal against the plaintiff in error, who was plaintiff below. The judgment followed a verdict, which was directed in favor of defendant at the close of the trial.

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In Error to the District Court of the United States for the Southern District of New York. Action at law by Theodore R. Converse, receiver, against John A. Stewart. Judgment for defendant (192 Fed. 941), and plaintiff brings error. This cause comes here upon appeal against the plaintiff in error, who was plaintiff below. The judgment followed a verdict, which was directed in favor of defendant at the close of the trial. The action was brought to recover from defendant, who was alleged to be the real and beneficial owner of certain shares of stock in a Minnesota corporation, the amount of an…

1Opinion of the CourtLacombe, Circuit Judge

(after stating the facts as above). The history of the former state court action is as follows: The complaint contained the usual averments. The defendant contended that lie was not, and never had been, the owner or holder of any of the stock of the Thresher Company, and also that the provisions of the statutes of Minnesota which were relied upon, having been passed long after the inception of his alleged ownership of stock, were not applicable to him, and that, if they should be held applicable, they were unconstitutional and void. That action was tried by a referee, who made a report in…

2Cases cited2 opinions

  1. Howarth v. . AngleNew York Court of Appeals · 1900
  2. Converse v. StewartAppellate Division of the Supreme Court of the State of New York · 1905

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