Porter v. Sabin
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA. This was a bill in equity, filed September 9, 1887, and amended January 7, 1888, in the Circuit Court of the United States for the District of Minnesota, by Henry H. Porter and Eansom E. Cable, citizens of Illinois, and stockholders in the Northwestern Manufacturing and Car Company, a corporation of Minnesota, in behalf of themselves and of all other stockholders in that corporation, against…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA. This was a bill in equity, filed September 9, 1887, and amended January 7, 1888, in the Circuit Court of the United States for the District of Minnesota, by Henry H. Porter and Eansom E. Cable, citizens of Illinois, and stockholders in the Northwestern Manufacturing and Car Company, a corporation of Minnesota, in behalf of themselves and of all other stockholders in that corporation, against Dwight M. Sabin, its former president, and Joseph C. O’Gorman, its former auditor and treasurer, and both citizens of…
1Opinion of the CourtJustice Gray
The right to maintain a suit against the officers of a corporation for fraudulent misappropriation of its property is a right of the corporation; and it is only when the corporation will not bring the suit, that it can be brought by one or more stockholders in behalf of all. Hawes v. Oakland, 104 U. S. 450. The suit, when brought by stockholders, is still a suit to enforce a right of., the corporation, and to recover a sum of money due to the corporation; and the corporation is a necessary party, in order that it may be bound by the judgment. Davenport v. Dows, 18 Wall. 626. If the…
2Cases cited14 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Barton v. BarbourSupreme Court of the United States · 1881
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Booth v. ClarkSupreme Court of the United States · 1855
9 more not listed; retrieve them via the Exa API.
3Cited by234 opinions
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- Wabash Railroad v. Adelbert College of Western Reserve UniversitySupreme Court of the United States · 1908
- W. B. Worthen Co. v. KavanaughSupreme Court of the United States · 1935
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