Legal Opinion

Cates v. L. C. Sparkman & Wise County Coal Co.

Texas Supreme Court

Decided April 30, 1889No. 6149PublishedCited by 56 opinions

Error from Wise. Tried below before Hon. E. E. Finer. This is a writ of error from a judgment sustaining a demurrer and exceptions to the petition brought by the plaintiff in error, a stockholder in the Wise County Coal Company, and against its officers and stockholders other than plaintiff for damages from the fraudulent mismanagement of the business of the corporation, resulting in loss and injury to plaintiff. The opinion sufficiently shows the petition and its defects.

1Opinion of the Court

Hobby, Judge.—

Applying to the petition the most liberal and reasonable construction of which its language is susceptible, there are but two aspects in which the case made by it can be properly considered. Treating it first as a suit in equity by an individual stockholder of shares in an incorporated company against the latter to recover damages for the depreciation in the value of his stock and the corporate property, occasioned by the fraudulent practices and conduct of the officers and directors (and as such it is presented by the parties; the plaintiff contending that such a suit maybe…

2Cases cited2 opinions

  1. Houston & T. C. R'y Co. v. HillTexas Supreme Court · 1885
  2. Waco Tap Railroad v. ShirleyTexas Supreme Court · 1876

3Cited by56 opinions

  1. Lee C. Ritchie v. Ann Caldwell Rupe, as Trustee for the Dallas Gordon Rupe, III 1995 Family TrustTexas Supreme Court · 2014
  2. Sneed v. WebreTexas Supreme Court · 2015
  3. Gearhart Industries, Inc. v. Smith International, Inc.Court of Appeals for the Fifth Circuit · 1984
  4. In Re SchmitzTexas Supreme Court · 2009
  5. Langston v. Eagle Publishing Co., Texas Court of Appeals, 10th District (Waco)1986

51 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API