Pollitz v. Wabash Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by tiie defendants, The Wabash Railroad Company and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of December, 1910, upon the decision of the court, rendered after a trial at the ¡New York Special Term, overruling the said defendants’ demurrers to the complaint.
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Appeal by tiie defendants, The Wabash Railroad Company and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of December, 1910, upon the decision of the court, rendered after a trial at the ¡New York Special Term, overruling the said defendants’ demurrers to the complaint. This suit was commenced in 190.7. It was removed into the .Circuit Court of the United States but was finally remanded. While in the Circuit Court demurrers interposed by the appellants herein were overruled.…
1Opinion of the Court
Miller, J.:
This is a stockholder’s suit attacking filie validity of a plan for the issue of" bonds and stock of the Wabash Railroad Company in exchange for $30,000,000 of debenture bonds, series a and b, the plan being to exchange for each $1,000 par value of debenture .bonds, series a, $795 of new bonds, $580 preferred stock and $580 common stock, and for each $1,000 par value of debenture bonds,' series b, $720 of new bonds, $520 of preferred stock.and $520 of common stock.
It is alleged that the plan was agreed upon by the defendant the Wabash Railroad Company, and by the defendants Evans,…
2Cases cited6 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
- Bosworth v. . AllenNew York Court of Appeals · 1901
- Corcoran v. Chesapeake and Ohio Canal Co.Supreme Court of the United States · 1877
- Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Pollitz v. Wabash RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Pollitz v. Wabash RailroadAppellate Division of the Supreme Court of the State of New York · 1915
- Pollitz v. GouldAppellate Division of the Supreme Court of the State of New York · 1911