McWilliams v. Excelsior Coal Co.

STONE, Circuit Judge.

This is a bill for discovery, accounting and recovery of damages for coal unlawfully mined from complainant’s property. The trespass was committed by the Smokeless Anthracite Coal Company. That company having dissolved and its assets been distributed to its five stockholders, this complaint was brought against those five individuals as stockholders receiving the assets of the dissolved corporation. Recovery was allowed against each stockholder to the extent of the value of the corporate assets coming into his hands with interest. The total amount recovered was less than…