Hackett v. Northern Pac. Ry. Co.
U.S. Circuit Court for the District of Southern New York
Demurrer to complaint on grounds that cause of action is not .stated, and that there is misjoinder of parties plaintiff and of causes -of action.
1Opinion of the Court
HAZEL, District Judge.
The complaint does not allege a cause •of action against the defendant, in that it does not apprise the court of whether the plaintiffs in fact are owners and holders of preferred stock in the defendant corporation. True, it alleges that plaintiffs purchased shares of preferred stock, and at the time complained of were the owners and holders of such shares, and the certificates thereof, but the agreement under which such stock was issued is not set forth. The mere assertion that plaintiffs bought preferred stock lacks specificness and is a conclusion of law. The…
2Cases cited10 opinions
- Hale v. AllinsonSupreme Court of the United States · 1903
- Warren v. KingSupreme Court of the United States · 1883
- Heller, Hirsch & Co. v. National Marine BankCourt of Appeals of Maryland · 1899
- Storrow v. Texas Consolidated Compress & Manufacturing Ass'nCourt of Appeals for the Fifth Circuit · 1898
- Weidenfeld v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
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3Cited by3 opinions
- Mannington v. Hocking Valley Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1910
- Lehigh Structural S. Co. v. Commissioner of Int. Rev.Court of Appeals for the Third Circuit · 1942
- Lewis v. Hargadine-McKittrick Dry Goods Co.Supreme Court of Missouri · 1924