Martin v. Development Co. of America
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Arizona. ' ' Bill by John H. Martin, as trustee in bankruptcy of the Imperial Copper Company, a corporation, against the Development Company of America, a corporation. From a decree dismissing the bill, complainant appeals.
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Appeal from the District Court of the United States for the District of Arizona. ' ' Bill by John H. Martin, as trustee in bankruptcy of the Imperial Copper Company, a corporation, against the Development Company of America, a corporation. From a decree dismissing the bill, complainant appeals. The plaintiff, Martin, trustee in bankruptcy of the Imperial Copper Company of Arizona, brings this bill in equity against the Development Company of America, a Delaware corporation, owning property and transacting business in Arizona. The bill alleges that the defendant Development Company held a…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). [1] Passing the question of the right of Martin, as trustee, to maintain this suit against the Development Company, we believe that the facts stated do not make the Development Company liable for the debts and defaults of the Copper Company. A holding corporation has a separate corporate existence, and is to be treated as a separate entity, unless facts are averred which show that such separate corporate existence is a mere sham, or has been used as an instrument for concealing the truth, or where the organization and control are shown to be such as that it…
2Cases cited5 opinions
- In re Watertown Paper Co.Court of Appeals for the Second Circuit · 1909
- Pittsburgh & Buffalo Co. v. DuncanCourt of Appeals for the Sixth Circuit · 1916
- Linn & Lane Timber Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1912
- Martin v. Bankers' Trust Co.Arizona Supreme Court · 1916
- Clere Clothing Co. v. Union Trust & Savings BankCourt of Appeals for the Ninth Circuit · 1915
3Cited by25 opinions
- Henderson v. Buchanan (In Re Western World Funding, Inc.)United States Bankruptcy Court, D. Nevada · 1985
- Majestic Co. v. Orpheum Circuit, Inc.Court of Appeals for the Eighth Circuit · 1927
- Atherton v. AndersonCourt of Appeals for the Sixth Circuit · 1936
- Centmont Corporation v. MarschCourt of Appeals for the First Circuit · 1933
- Certain-Teed Products Corporation v. WallingerCourt of Appeals for the Fourth Circuit · 1937
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