Fisk v. Chicago, Rock Island & Pacific Railroad Co.
New York Supreme Court
Motions uo remove causes to the United States Circuit Court. Two actions were brought, one by James Fisk, jr., William Belden and William B. Bradford; and one by Rufus Hatch; against the Chicago, Rock Island and Pacific Railroad Company, and against John F. Tracy, and several other individuals, composing the directors of said company.
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Motions uo remove causes to the United States Circuit Court. Two actions were brought, one by James Fisk, jr., William Belden and William B. Bradford; and one by Rufus Hatch; against the Chicago, Rock Island and Pacific Railroad Company, and against John F. Tracy, and several other individuals, composing the directors of said company. The general object of the actions was to set aside an issue of new stock of the company which had been made or attempted by the directors, and to procure an injunction against any future transfers or sales of such new stock. The defendants now applied for the…
1Opinion of the CourtCardozo, J.
The applications to remove these cases to the United States Circuit Court, notwithstanding the learned and elaborate discussions by the distinguished counsel, do not, I think, present any very abstruse inquiries or serious difficulties.
It will be best first to settle the question of citizenship. No point arises in this respect, except as to Messrs. Fisk and Belden, two of the plaintiffs in one of the suits, and as to the Chicago, Rock Island and Pacific Railroad Company, and Mr. Tracy, who are defendants in both actions. All the other parties, whether plaintiff or defendant, are conceded to…
2Cases cited3 opinions
- Ohio & Mississippi Railroad v. WheelerSupreme Court of the United States · 1862
- Stevens v. Phœnix Insurance Co. of HartfordNew York Supreme Court · 1863
- Denniston v. New York & New Haven R. R.New York Court of Common Pleas · 1856
3Cited by3 opinions
- Texas v. LewisUnited States Circuit Court · 1882
- Terry v. Imperial Fire Ins. Co.U.S. Circuit Court for the District of Kansas · 1874
- Fisk v. Union Pacific RailroadDistrict Court, S.D. New York · 1871