Kessler & Co. v. Ensley Co.
U.S. Circuit Court for the District of Northern Alabama
In Equity. On final hearing. This was a bill, filed April 25, 1902, by Alfred Kessler and others, minority stockholders of the Ensley Land Company, against the Ensley Company and others, in right of the Land Company, which refused to sue, to set aside the conveyance of a choice body of its lands, which the bill alleges were purchased by four of the defendants, in fraud of the Land Company.
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In Equity. On final hearing. This was a bill, filed April 25, 1902, by Alfred Kessler and others, minority stockholders of the Ensley Land Company, against the Ensley Company and others, in right of the Land Company, which refused to sue, to set aside the conveyance of a choice body of its lands, which the bill alleges were purchased by four of the defendants, in fraud of the Land Company. The case was before the court on demurrer to the original and amended bills. 123 Fed. 540; 129 Fed. 398. The Ensley Land Company is here referred to as the Land Company, to distinguish it from the Ensley…
1Opinion of the CourtJones, District Judge
(after stating the facts). The bill is lengthy, and the agreed facts and the testimony are voluminous. The evidence follows the range of the acts and motives of a number of individuals over a period of several years, in which the history and conduct of large corporate concerns are unfolded in support or denial of bitter charges of fraud against corporate managers. Such complaints must be heard by courts with painstaking care, and the discharge of the duty in this case compels extended examination of the evidence. It is not practicable, without swelling this opinion to an-intolerable length,…
2Cases cited16 opinions
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- US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
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- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
- Graffam v. BurgessSupreme Court of the United States · 1886
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