Equitable Life Assurance Society v. Union Pacific Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Equitable Life Assurance Society of the United States, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of April, 1914, granting defendant’s motion for judgment on the pleadings and dismissing the complaint.
1Opinion of the Court
Clarke, J.:
Plaintiff, a domestic corporation, and owner of 16,182 shares of preferred stock of the defendant railroad corporation, incorporated under the laws of Utah, brings this suit on behalf of itself and of all other holders of such preferred stock who may elect to become parties plaintiff and share in the expense and benefits of the litigation. The following facts appear from the complaint:
In 1901 and 1902 the defendant purchased $90,000,000 of common stock of the Southern Pacific Company and $78,000,000 of stock of the Northern Pacific Eailway Company and thereafter transferred said…
2Cases cited7 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Williams v. . Western Union Telegraph Co.New York Court of Appeals · 1883
- Christensen v. . EnoNew York Court of Appeals · 1887
- Burrall v. . Bushwick Railroad CompanyNew York Court of Appeals · 1878
- Roberts v. . Roberts-Wicks Co.New York Court of Appeals · 1906
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3Cited by4 opinions
- Cox v. LeahyAppellate Division of the Supreme Court of the State of New York · 1924
- In re the Estate of MarvinNew York Surrogate's Court · 1929
- United States Trust Co. v. HeyeAppellate Division of the Supreme Court of the State of New York · 1918
- United States Trust Co. v. HeyeAppellate Division of the Supreme Court of the State of New York · 1918