Legal Opinion

Trisconi v. Winship

Supreme Court of Louisiana

Decided January 15, 1891No. 10,686PublishedCited by 7 opinions

APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. 18 How. 331; 104 U. S. 450; 88 Mass. 52; 27 Fed. Rep. 625; 50 Vt. 457; 7 Blatch. 347; 34 Tex. 425; 9 Oonn. 457; 36 N. Y. 200; 34 N. Y. 78; Thompson’s Liability of Stockholders, Sec. 385, 952. 1. The cause of action set forth in the petition is a tort and is prescribed by one year. It isa fraudulent breach of trust. 2 Johnson’s Ch. 181; 11 Pargel3; 8 Blatch. 347; 4 Iiuss. 272; 3 Vis. 75, 20; Fed.

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APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. 18 How. 331; 104 U. S. 450; 88 Mass. 52; 27 Fed. Rep. 625; 50 Vt. 457; 7 Blatch. 347; 34 Tex. 425; 9 Oonn. 457; 36 N. Y. 200; 34 N. Y. 78; Thompson’s Liability of Stockholders, Sec. 385, 952. 1. The cause of action set forth in the petition is a tort and is prescribed by one year. It isa fraudulent breach of trust. 2 Johnson’s Ch. 181; 11 Pargel3; 8 Blatch. 347; 4 Iiuss. 272; 3 Vis. 75, 20; Fed. Rep. 582.. 2. If the value of shares of a corporation is impaired by -wrongful acts of its officers, the injury is to the…

1Opinion of the Court

The opinion ol the court was delivered by

Bermudez, O. J.

The pith of the elaborate incriminating petition in this case is that the plaintiff, as a stock holder of the Bienville Oil Works, has, in consequence of ill practices, in dereliction and violation of duty, of the directors of that corporation, aided and *47abetted therein by the representatives of an oil trust organization, sustained such grave injury that his shares (25) have become value - less.

He therefore prays for judgment against those directors and representatives in solido for the loss inflicted, namely, at least the value •of the…

2Cases cited1 opinion

  1. Oglesby v. AttrillSupreme Court of the United States · 1882

3Cited by7 opinions

  1. Victor G. Bloede Co. v. BloedeCourt of Appeals of Maryland · 1896
  2. South Western Railroad v. BentonSupreme Court of Georgia · 1950
  3. Dreifus v. Colonial Bank & Trust Co.Supreme Court of Louisiana · 1909
  4. State v. Chilhowee Woolen Mills Co.Tennessee Supreme Court · 1905
  5. Slattery v. Greater New Orleans Realty & Development Co.Supreme Court of Louisiana · 1911

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