Kimball v. St. Louis & San Francisco Railway Co.
Massachusetts Supreme Judicial Court
Bill in equity, brought by certain holders of the first preferred stock of the St. Louis and San Francisco Railway Company, a corporation duly established under the laws of the State of Missouri, having a usual place of business in this Commonwealth, and having five of its directors residing therein.
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Bill in equity, brought by certain holders of the first preferred stock of the St. Louis and San Francisco Railway Company, a corporation duly established under the laws of the State of Missouri, having a usual place of business in this Commonwealth, and having five of its directors residing therein. The prayer was that the company be enjoined from issuing bonds to a large amount, excepting with and subject to a stipulation that the bonds should be subordinated to the rights and priority of the plaintiffs and other holders of the first preferred stock during the pendency of the suit, and that…
1Opinion of the CourtHolmes, J.
The plaintiffs necessarily will be referred to the courts of Missouri to compel the defendant to respect their rights, in case compulsion is necessary. The most that we can do, if they have the right they claim, is to reduce it to res judicata. Whether they have that right is a question of Missouri law touching the internal affairs of a Missouri corporation. The objection to our proceeding with the case was taken at the outset, and we are of opinion that it must prevail. We assume, for the purposes of decision, that we have jurisdiction in such a sense that, if we proceeded to a decree upon…
2Cases cited5 opinions
- Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
- North State Copper & Gold Mining Co. v. FieldCourt of Appeals of Maryland · 1885
- Pierce v. Equitable Life Assurance SocietyMassachusetts Supreme Judicial Court · 1887
- Kansas & Eastern Railroad Construction Co. v. Topeka, Salina & Western RailroadMassachusetts Supreme Judicial Court · 1883
- Howell v. Chicago & North Western Railway Co.New York Supreme Court · 1868
3Cited by39 opinions
- Rogers v. Guaranty Trust Co.Supreme Court of the United States · 1933
- Universal Adjustment Corp. v. Midland Bank, Ltd., of LondonMassachusetts Supreme Judicial Court · 1933
- Travis v. . Knox Terpezone Co.New York Court of Appeals · 1915
- Rackemann v. TaylorMassachusetts Supreme Judicial Court · 1910
- Richardson v. Clinton Wall Trunk Manufacturing Co.Massachusetts Supreme Judicial Court · 1902
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