Pollitz v. Wabash R. Co.
U.S. Circuit Court for the District of Southern New York
In Equity. This, a consolidated action (Law, 7,091, and Law, 27), seeks to enjoin defendants from carrying out an alleged scheme or plan for the retirement of certain debenture bonds amounting to $30,000,000, issued by tbe Wabash Railroad Company in July, 1889, and which plan and agreement was entered into about August 15, 1906, by said company and a committee of the bondholders of said company, and completed in October following, and to have same declared illegal, and to…
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In Equity. This, a consolidated action (Law, 7,091, and Law, 27), seeks to enjoin defendants from carrying out an alleged scheme or plan for the retirement of certain debenture bonds amounting to $30,000,000, issued by tbe Wabash Railroad Company in July, 1889, and which plan and agreement was entered into about August 15, 1906, by said company and a committee of the bondholders of said company, and completed in October following, and to have same declared illegal, and to have all bonds and common and preferred stock issued and used or applied in execution of such plan or scheme declared…
1Opinion of the Court
RAY, District Judge.
The bills of complaint in two actions, amended bills, cross-bill, answers, and replications present a confused mass of allegations and denials; but these with the evidence, and its exhibits in extenso, and extensive briefs, which make little attempt to simplify by pointing out the salient features, may, it seems to me, establish the following facts:
1. The defendant the Wabash Railroad Company is a foreign consolidated corporation existing under the laws of the states of Ohio, Indiana, Illinois, Michigan, and Missouri, and came into existence under the following…
2Cases cited14 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Davis v. WakeleeSupreme Court of the United States · 1895
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Juilliard v. GreenmanSupreme Court of the United States · 1884
- Muller v. DowsSupreme Court of the United States · 1876
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3Cited by3 opinions
- McKee v. Title Insurance Etc. Co.California Supreme Court · 1911
- Rossing v. State BankSupreme Court of Iowa · 1917
- Windholz v. EverettCourt of Appeals for the Fourth Circuit · 1935