Legal Opinion · Dissent

Rogers v. Guaranty Trust Co. of New York

Court of Appeals for the Second Circuit

Decided June 13, 1932No. 390Published

1DissentSwan, Circuit Judge

On the ground that.the suits involved the internal affairs of a foreign corporation, the court below declined to assume jurisdiction and dismissed the complaints “without prejudice to the enforcement of the rights of the plaintiff, if any, in the courts of New Jersey.” The decision of this court has affirmed that decree, but has also, if I correctly understand it, undertaken to construe the New Jersey statute and to decide upon the merits that the stock in controversy was validly issued. From this conclusion I dissent.

The New Jersey statute (chapter 175, p. 354, Laws 1920 [Comp. St. Supp. N.…

2Cases cited11 opinions

  1. Babcock v. FarwellIllinois Supreme Court · 1910
  2. Edwards v. SchillingerIllinois Supreme Court · 1910
  3. American Creosote Works, Inc. v. PowellCourt of Appeals for the Fifth Circuit · 1924
  4. Loan Society v. EavensonSupreme Court of Pennsylvania · 1913
  5. Williamson v. Missouri-Kansas Pipe Line Co.Court of Appeals for the Seventh Circuit · 1932

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