Symmes v. Union Trust Co.
U.S. Circuit Court for the District of Nevada
This is a suit in equity, brought by three stockholders of the Sutro Tunnel Company, a California corporation, viz.; Frank J. Symmes, as owner of 5,000 shares of stock; Joseph Aron, as owner of 10,000 shares; and F. H. Wheelan, as the owner of 250 shares, —suing for themselves and other stockholders of said corporation, —against the Union Trust Company, a New York corporation, the Comstock Tunnel Company, a New York corporation; the Sutro Tunnel Company, a California…
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This is a suit in equity, brought by three stockholders of the Sutro Tunnel Company, a California corporation, viz.; Frank J. Symmes, as owner of 5,000 shares of stock; Joseph Aron, as owner of 10,000 shares; and F. H. Wheelan, as the owner of 250 shares, —suing for themselves and other stockholders of said corporation, —against the Union Trust Company, a New York corporation, the Comstock Tunnel Company, a New York corporation; the Sutro Tunnel Company, a California corporation, Theodore Sutro, and 28 other individuals, comprising, respectively, (1) the trustees of the Sutro Tunnel Company;…
1Opinion of the CourtHawley, District Judge
(after stating the facts as above). The legal questions involved in this case may be classified under four heads: (1) Jurisdiction; (2) failure of trustees to levy an assessment; (3) position of complainants, and their participation in the plans formulated by Sutro; (4) questions relating to charges of fraud, conspiracy, and violations of trust and confidence.
1. Respondents contend that this court has no jurisdiction of this case (1) because none of the complainants or respondents are residents or citizens of the state of Nevada, and there are aliens, and also citizens of the same state, on…
2Cases cited31 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Krippendorf v. HydeSupreme Court of the United States · 1884
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Leslie v. . LorillardNew York Court of Appeals · 1888
- Pacific Railroad of Missouri v. Missouri Pacific Ry. Co. And Others. 1Supreme Court of the United States · 1884
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3Cited by15 opinions
- Cortland Specialty Co. v. Commissioner of Internal Rev.Court of Appeals for the Second Circuit · 1932
- Wheeler v. Abilene Nat. Bank Bldg. Co.Court of Appeals for the Eighth Circuit · 1908
- Missouri, K. & T. Ry. Co. v. ElliottCourt of Appeals for the Eighth Circuit · 1900
- Cortland Specialty Co. v. CommissionerUnited States Board of Tax Appeals · 1931
- McCarthy v. OsbornSupreme Court of Louisiana · 1953
10 more not listed; retrieve them via the Exa API.