Legal Opinion · Dissent

Securities and Exchange Commission v. Torr

Court of Appeals for the Second Circuit

Decided January 18, 1937No. 161Published

1DissentL. Hand, Circuit Judge

It seems to me that the facts are undisputed even as regards the probability of a repetition of the wrong. The affidavit of Holohan, who was conducting the proceedings for the plaintiff, alleged that the defendant, Mann, had told him that he might extend the option for distributing the shares and that if they were not restrained, the defendants would continue business by the same methods as before. I cannot find any contradiction of this in the affidavits. It is quite true that the unverified answer of Torr, Mills and Mann alleges that the shares have all been “taken down” and that they have…

2Cases cited3 opinions

  1. Patterson v. GainesSupreme Court of the United States · 1848
  2. Union Bank of Georgetown v. GearySupreme Court of the United States · 1831
  3. Stewart v. AllenU.S. Circuit Court for the District of Western Pennsylvania · 1891

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