Old Dominion Copper Mining & Smelting Co. v. Lewisohn
Court of Appeals for the Second Circuit
Appeal from the Circuit Court) of the United) States for the Southern District of New York. On appeal from a- decree of the Circuit Court for the Southern District of New York sustaining á demurrer to an amended bill of complaint and dismissing the bill for want of equity.
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Appeal from the Circuit Court) of the United) States for the Southern District of New York. On appeal from a- decree of the Circuit Court for the Southern District of New York sustaining á demurrer to an amended bill of complaint and dismissing the bill for want of equity. The opinion of the Circuit Court sustaining the demurrer to the original bill is reported in 136 Fed. 915. The court held upon the hearing of the demurrer to the amended bill that there was no substantial difference between it and the original bill, and followed the former decision. Pinal decree was thereupon entered, and…
1Per curiam
The bill prays for relief as follows: Pirst, that the sale of the mining claims to the complainant by Leonard Lewisohn, the defendants’ testator, and Albert S. Bigelow, a citizen of Massachusetts and not a party to this action, be rescinded, and the real estate reconveyed to the defendants, upon receipt by the complainant of the consideration paid therefor; second, that defendants return to the complainant the consideration paid by complainant for said property, namely, 30,000 shares of its capital stock, or account therefor; third, that, if the court shall decide that the complainant is not…
2Cases cited5 opinions
- Barr v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1891
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1905
- Blum v. . WhitneyNew York Court of Appeals · 1906
- McCracken v. RobisonCourt of Appeals for the Second Circuit · 1893
- Waples-Platter Co. v. TurnerCourt of Appeals for the Eighth Circuit · 1897
3Cited by5 opinions
- Ellis v. Penn Beef Co.Court of Chancery of Delaware · 1911
- Henderson v. Plymouth Oil Co.Supreme Court of Delaware · 1928
- Old Dominion Copper Mining & Smelting Co. v. LewisohnCourt of Appeals for the Second Circuit · 1913
- Old Dominion Copper Mining & Smelting Co. v. LewisohnDistrict Court, S.D. New York · 1911
- Meier v. EatonSouth Dakota Supreme Court · 1923