Pearson v. Concord Railroad
Supreme Court of New Hampshire
Bjxl in Equity, in the nature of a bill quia timet, filed by John H. Pearson, a stockholder of the Concord Railroad Corporation, in behalf of himself and all other stockholders who may join in the suit, except the defendants, against the Concord Railroad Corporation, John A. Burnham, J. Thomas yose, Samuel N. Bell, Frederick Smyth, John P. Pitman, James W. Johnson, and Benjamin A. Kimball, its directors, the Northern Railroad, the Concord & Claremont Railroad, the Sugar…
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Bjxl in Equity, in the nature of a bill quia timet, filed by John H. Pearson, a stockholder of the Concord Railroad Corporation, in behalf of himself and all other stockholders who may join in the suit, except the defendants, against the Concord Railroad Corporation, John A. Burnham, J. Thomas yose, Samuel N. Bell, Frederick Smyth, John P. Pitman, James W. Johnson, and Benjamin A. Kimball, its directors, the Northern Railroad, the Concord & Claremont Railroad, the Sugar River Railroad, the Contoocook River Railroad, the Boston, Concord & Montreal Railroad, the Nashua & Lowell Railroad, and…
1Opinion of the CourtSmith, J.
The gist of the referee’s report is, the two upper ■companies were justly entitled to more favorable contracts for their business over the road of the Concord, and the upper companies (i. e., the managers acting for them and in their interests) bought a controlling interest in the stock of the Concord for the purpose of making with themselves, as controlling managers of the Concord, contracts more favorable to themselves; and they accomplished that purpose. The upper companies having bought Concord stock for the purpose of controlling that road for their own advantage, having exercised their…
2Cases cited48 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Michoud v. GirodSupreme Court of the United States · 1846
- Robinson v. SmithNew York Court of Chancery · 1831
- Gardner v. . OgdenNew York Court of Appeals · 1860
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3Cited by4 opinions
- Zahn v. Transamerica CorporationCourt of Appeals for the Third Circuit · 1947
- Mayflower Hotel Stockholders Protective Committee v. Mayflower Hotel Corp.Court of Appeals for the D.C. Circuit · 1949
- Acampora v. BirklandDistrict Court, D. Colorado · 1963
- Pelaggi Co. v. Orient Ins. Co.Supreme Court of Vermont · 1930