Legal Opinion

Wesson v. Crain

Court of Appeals for the Eighth Circuit

Decided January 16, 1948No. 13603PublishedCited by 27 opinions

1Opinion of the Court

SANBORN, Circuit Judge.

The vital question for decision on this appeal is whether two of the beneficiaries of a business trust 1 can maintain an action in federal court to remove a trustee for misconduct, without making the other beneficiaries of the trust parties to the action.

The appellants were plaintiffs in the District Court. Their complaint alleged, in substance, that they are, respectively, citizens of Massachusetts and New York; that the defendant (appellee) is a resident [no doubt meaning citizen] of Arkansas; that plaintiffs each own a specified number of shares of beneficial…

2Cases cited17 opinions

  1. Shields v. BarrowSupreme Court of the United States · 1855
  2. Elmendorf v. TaylorSupreme Court of the United States · 1825
  3. Payne v. HookSupreme Court of the United States · 1869
  4. Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
  5. Niles-Bement-Pond Co. v. Iron Moulders Union Local No. 68Supreme Court of the United States · 1920

12 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Bowles v. Superior CourtCalifornia Supreme Court · 1955
  2. Buder v. BeckerCourt of Appeals for the Eighth Circuit · 1950
  3. Rippey v. Denver United States National BankDistrict Court, D. Colorado · 1966
  4. Metropolis Theatre Co. v. BarkhausenCourt of Appeals for the Seventh Circuit · 1948
  5. Caldwell Manufacturing Co. v. Unique Balance Co.District Court, S.D. New York · 1955

22 more not listed; retrieve them via the Exa API.

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