Synnott v. Cumberland Bldg. Loan Ass'n
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Tennessee. The complainants are severally holders of shares in the capital stock of the defendant corporation of the class called “common stock.”
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Appeal from the Circuit Court of the United States for the Eastern District of Tennessee. The complainants are severally holders of shares in the capital stock of the defendant corporation of the class called “common stock.” The object of the bill is to recover the price paid for their shares upon the theory that the issuance of said “common stock,” with the rights and privileges accorded it over the general shares, called “installment stock,” was ultra vires the corporation. The defendant is, as its name implies, a building and loan incorporation, and was organized in 1892 under the general…
1Opinion of the CourtLurton, Circuit Judge
i. It must be conceded that whether the special privileges accorded the “common stock” over the “installment stock” were valid or invalid it was entirely competent for the common stockholders to agree with the company and the installment shareholders that their “common” shares should stand upon the same footing as shares of the “installment” shareholders, and that all distinction between the two kinds of stock should be eliminated. This is precisely what the corporate minute of the stockholders’ meeting of January 17, 1898, shows was done. • That minute includes the following recital:
“State…
2Cases cited11 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Hamlin v. Toledo, St. L. & K. C. R.Court of Appeals for the Sixth Circuit · 1897
- Bailey v. TillinghastCourt of Appeals for the Sixth Circuit · 1900
- Central Trust Co. v. CondonCourt of Appeals for the Sixth Circuit · 1895
- City of Cincinnati v. RiceOhio Supreme Court · 1846
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Baker v. Seattle-Tacoma Power Co.Washington Supreme Court · 1911
- Citrus Growers' Development Ass'n v. Salt River Valley Water Users' Ass'nArizona Supreme Court · 1928
- Rossing v. State BankSupreme Court of Iowa · 1917
- Reconstruction Finance Corp. v. Central Republic Trust Co.District Court, N.D. Illinois · 1936
- Wilson v. ParvinCourt of Appeals for the Sixth Circuit · 1903
4 more not listed; retrieve them via the Exa API.