Belmont v. Erie Railway Co.
New York Supreme Court
THIS is an action brought by the plaintiffs, as stockholders of the Erie Railway Company, against that company, and all its directors, seventeen in number, seeking: 1. To remove those directors, and appoint a receiver of all the property, rights of action, and records of the company. 2. To restrain the defendants from increasing the capital, or removing the property or records beyond the jurisdiction, or preventing the other directors from examining the books, or permitting…
Read the full summary
THIS is an action brought by the plaintiffs, as stockholders of the Erie Railway Company, against that company, and all its directors, seventeen in number, seeking: 1. To remove those directors, and appoint a receiver of all the property, rights of action, and records of the company. 2. To restrain the defendants from increasing the capital, or removing the property or records beyond the jurisdiction, or preventing the other directors from examining the books, or permitting the funds of the company to remain out of the jurisdiction, or using the funds, except in payment of the legitimate…
1Opinion of the CourtCardozo, J.
This matter comes before the court upon an application to open an order made at special term, to allow the defendants to introduce proofs, which they could not produce when the motion, which resulted in that order, was heard, and thereupon to hear the motion anew; and, if found to be required by law and justice, to vacate the order previously entered, and declaring that the plaintiffs are not entitled to the relief they obtained, to deny their motion for that relief.
It is a very ordinary proceeding, constantly occurring, and never before, so far as the books show, or as I have ever heard,…
2Cases cited20 opinions
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Innes v. LansingNew York Court of Chancery · 1839
- Matter of the Petition of LivingstonNew York Court of Appeals · 1866
- Waterbury v. Merchants' Union Express Co.New York Supreme Court · 1867
- White v. MunroeNew York Supreme Court · 1861
15 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Bank of Waunakee, a Wisconsin Banking Corporation v. Rochester Cheese Sales, Inc., a Minnesota CorporationCourt of Appeals for the Seventh Circuit · 1990
- Above Belt, Inc. v. Mel Bohannan Roofing, Inc.District Court, E.D. Virginia · 1983
- Peterson v. HopsonMassachusetts Supreme Judicial Court · 1940
- Riggs v. . PursellNew York Court of Appeals · 1878
- Board of Commissioners v. McIntoshSupreme Court of Kansas · 1883
52 more not listed; retrieve them via the Exa API.