Atlantic Contracting Co. v. United States
United States Court of Claims
The Reporters’ statement of the case: The facts in this case are sufficiently set forth in the opinion of the court. 1. The court has no power to grant the examination sought, because the persons whose examination is desired are not the claimants, nor officers of the claimant, within the meaning of section 1080 of the Revised Statutes. 2. By the decisions of this court it has been expressly decided that the examination authorized by section 1080 can not be extended to any…
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The Reporters’ statement of the case: The facts in this case are sufficiently set forth in the opinion of the court. 1. The court has no power to grant the examination sought, because the persons whose examination is desired are not the claimants, nor officers of the claimant, within the meaning of section 1080 of the Revised Statutes. 2. By the decisions of this court it has been expressly decided that the examination authorized by section 1080 can not be extended to any person but a claimant. (Macauley’s case, 11 C. Cls. R., 575.) Where, however, a corporation is the claimant, the- officers…
1Opinion of the CourtWeldon, J.
It is stated in the motion filed herein that at the time of the alleged contracts referred to in the petition the said Gaynor and Greene were owners, respectively, of one-half *249each of tbe stock of said company. The evidence filed in support of the motion shows that the said parties owned all of the stock of said company except a few shares held by other parties transferred to them for the purpose of the organization of the company, and that said parties, to wit, Gaynor and Greene, are the beneficial owners of the stock of said company; that it is a corporation in law, but practically a…
2Cases cited2 opinions
- Macauley v. United StatesSupreme Court of the United States · 1875
- Atchison, Topeka & Santa Fé Railroad v. United StatesUnited States Court of Claims · 1879
3Cited by2 opinions
- Atlantic Contracting Co. v. United StatesUnited States Court of Claims · 1919
- Hansen v. United StatesUnited States Court of Claims · 1981