Howard v. National Telephone Co.
U.S. Circuit Court for the District of Northern West Virginia
In Equity. Bill by Andrew J. Howard against the National Telephone Company and others. On demurrer to bill. Howard, a citizen of Indiana, has filed his bill herein against the National Telephone Company, a West Virginia corporation, the Continental Telephone & Telegraph Company, a New Jersey corporation, and 14 other telephone companies, corporations existing under the laws of West Virginia, Pennsylvania, and Ohio.
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In Equity. Bill by Andrew J. Howard against the National Telephone Company and others. On demurrer to bill. Howard, a citizen of Indiana, has filed his bill herein against the National Telephone Company, a West Virginia corporation, the Continental Telephone & Telegraph Company, a New Jersey corporation, and 14 other telephone companies, corporations existing under the laws of West Virginia, Pennsylvania, and Ohio. He alleges himself to be the owner of 31 shares of the preferred capital stock of the National Telephone' Company, of the par value of $100 each, or of fce total value of $3,100;…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). A number of these grounds of demurrer can be quickly disposed' of. The second, to the effect that plaintiff shows no interest entitling him to relief, must be overruled inasmuch as the bill alleges him to be the owner of 31 shares of preferred stock of the National Corporation, worth at par $3,100, which, with the other stock of the company, is threatened with destruction in value by reason of the Continental Company having gained illegal control of the National’s property and affairs. Allegations to this effect, taken for true, as they must be on demurrer,…
2Cases cited27 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Scovill v. ThayerSupreme Court of the United States · 1882
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
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3Cited by5 opinions
- Heinz v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1916
- Hutchinson Box Board & Paper Co. v. HornCourt of Appeals for the Eighth Circuit · 1924
- Smith v. SperlingDistrict Court, S.D. California · 1953
- Scully v. Automobile Finance CompanyCourt of Chancery of Delaware · 1917
- Jeffs v. Utah Power & Light Co.Supreme Judicial Court of Maine · 1940