Kessler v. Ensley Co.
District Court, N.D. Alabama
In Equity. On demurrer to bill. Complainants, Alfred Kessler and Gustave Kissel, surviving members of the firm of Kessler & Co., and executors of William Kessler, deceased, and Charles K. Beekman, executor of William K. Beekman, deceased, who are citizens bf New York, who were stockholders of the Ensley Land Company at the time of the grievances complained of, and are still such stockholders, filed their bill against the Ensley Land Company, the Ensley Company, G. B.…
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In Equity. On demurrer to bill. Complainants, Alfred Kessler and Gustave Kissel, surviving members of the firm of Kessler & Co., and executors of William Kessler, deceased, and Charles K. Beekman, executor of William K. Beekman, deceased, who are citizens bf New York, who were stockholders of the Ensley Land Company at the time of the grievances complained of, and are still such stockholders, filed their bill against the Ensley Land Company, the Ensley Company, G. B. McCormack, Erskine Ramsay, James Bowron, and Nelson E. Barker, who are citizens of Alabama, and Nathaniel Baxter, Jr., and A.…
1Opinion of the CourtJones, District Judge
(after stating the facts as above). This case has been ably and elaborately argued. It is unnecessary, however, to decide all the interesting questions discussed. The right to maintain the bill depends upon a few controlling issues, which will now be considered;-
Equity permits a stockholder to maintain a bill to enforce the rights of his corporation, solely to prevent a failure of justice. “The circumstances of each case determine the jurisdiction to give the relief sought.” Dodge v. Woolsey, 18 How. 344, 15 L. Ed. 401. To entitle the stockholder to relief, it is not enough that the governing…
2Cases cited33 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Hawes v. OaklandSupreme Court of the United States · 1882
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Galliher v. CadwellSupreme Court of the United States · 1892
- Case of Broderick's WillSupreme Court of the United States · 1875
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