von Arnim v. American Tube Works
Massachusetts Supreme Judicial Court
Bill in equity, filed as amended and substituted by leave of court on December 3, 1904, by tbe trustees under the will of Elizabeth Cotton von Arnim against the American Tube Works, a Massachusetts corporation, and Walter G. Cotton, William C. Cotton, Frank B. Cotton, and the executors under the will of George H. Cotton, alleging. among other things that the plaintiffs’ testatrix was the aunt of the three Cottons above named, and was the holder of two hundred and twenty-five…
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Bill in equity, filed as amended and substituted by leave of court on December 3, 1904, by tbe trustees under the will of Elizabeth Cotton von Arnim against the American Tube Works, a Massachusetts corporation, and Walter G. Cotton, William C. Cotton, Frank B. Cotton, and the executors under the will of George H. Cotton, alleging. among other things that the plaintiffs’ testatrix was the aunt of the three Cottons above named, and was the holder of two hundred and twenty-five shares of the defendant corporation, that Walter G. Cotton was the presiden^ William 0. Cotton the treasurer and Frank…
1Opinion of the CourtBraley, J.
All the material allegations of the amended bill that are well pleaded must be taken as admitted by the several demurrers. The defendants in support of their demurrers, with one exception which will be noticed later, rely upon the same grounds .of defence, raising the general question whether a case is stated that entitles the complainant to equitable relief.
Under a bill of complaint brought by a minority stockholder against the officers of the corporation for official misconduct by which its assets have been wrongly appropriated, it is obligatory *517for him to allege and prove, that they have…
2Cases cited21 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Miner v. Belle Isle Ice Co.Michigan Supreme Court · 1893
- Brewer v. Proprietors of the Boston TheatreMassachusetts Supreme Judicial Court · 1870
- Graves v. CorbinSupreme Court of the United States · 1890
- Dimpfell v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1884
16 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Demoulas v. Demoulas Super Markets, Inc.Massachusetts Supreme Judicial Court · 1997
- Spiegel v. Beacon Participations, Inc.Massachusetts Supreme Judicial Court · 1937
- Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
- Brown v. BullockDistrict Court, S.D. New York · 1961
- Samia v. Central Oil Co. of WorcesterMassachusetts Supreme Judicial Court · 1959
69 more not listed; retrieve them via the Exa API.