Legal Opinion

Rogers v. Nashville, C. & St. L. Ry. Co.

Court of Appeals for the Sixth Circuit

Decided November 9, 1898No. 550PublishedCited by 35 opinions

Appeal from the Circuit Court of the United States for the Middle District of Tennessee. This is a bill filed by a stockholder of the Nashville, Chattanooga & St. Louis Railway Company, in behalf of himself and all other stockholders in said railway company who may desire to become parties complainant thereto, against the Nashville, Chattanooga. & St. Lonis Railway Company and the Louisville & Nashville Railroad Company.

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Appeal from the Circuit Court of the United States for the Middle District of Tennessee. This is a bill filed by a stockholder of the Nashville, Chattanooga & St. Louis Railway Company, in behalf of himself and all other stockholders in said railway company who may desire to become parties complainant thereto, against the Nashville, Chattanooga. & St. Lonis Railway Company and the Louisville & Nashville Railroad Company. The object of the bill is to obtain the cancellation of a lease entered into between the two corporations, whereby the Louisville & Nashville Railroad Company leased to 1he…

1Opinion of the CourtLurton, Circuit Judge

The relief sought is the cancellation of the lease entered into between the Nashville, Chattanooga & St. Louis Railway Company and the Louisville & Nashville Railroad Company. This relief is asked upon several grounds: First, because the contract was fraudulently imposed upon the Nashville, Chattanooga & St. Louis Railway Company by the Louisville & Nashville Railroad Company through its controlling influence as a majority shareholder; second, because the contract is ultra vires, one or both companies; and, third, because, if neither void as ultra vires, nor voidable for fraud, it is such a…

2Cases cited22 opinions

  1. Hawes v. OaklandSupreme Court of the United States · 1882
  2. Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
  3. National Bank v. MatthewsSupreme Court of the United States · 1879
  4. Fritts v. PalmerSupreme Court of the United States · 1889
  5. Cowell v. Springs Co.Supreme Court of the United States · 1879

17 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Blish v. Thompson Automatic Arms Corp.Supreme Court of Delaware · 1948
  2. Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
  3. Hyams v. Calumet & Hecla Mining Co.Court of Appeals for the Sixth Circuit · 1915
  4. Mayflower Hotel Stockholders Protective Committee v. Mayflower Hotel Corp.Court of Appeals for the D.C. Circuit · 1949
  5. Taylor v. Decatur Mineral & Land Co.U.S. Circuit Court for the District of Northern Alabama · 1901

30 more not listed; retrieve them via the Exa API.

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