Legal Opinion

American Elementary Electric Co. v. Normandy

Court of Appeals for the D.C. Circuit

Decided April 23, 1917No. 2989Published

Hearing on an appeal by the defendants from a decree of the Supreme Court of the District of Columbia appointing a receiver pendente lite for a corporation. The Court in the opinion stated the facts as follows: This is a minority stockholders’ hill in the supreme court of the District, and the appeal is from a decree in that court appointing a receiver pendente lite. The hearing was npon bill and answer, the answer being under oath.

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Hearing on an appeal by the defendants from a decree of the Supreme Court of the District of Columbia appointing a receiver pendente lite for a corporation. The Court in the opinion stated the facts as follows: This is a minority stockholders’ hill in the supreme court of the District, and the appeal is from a decree in that court appointing a receiver pendente lite. The hearing was npon bill and answer, the answer being under oath. A better understanding of the very general averments of the bill will be possible if we first state the antecedent conditions as disclosed in the answer. The…

1Opinion of the CourtJustice Robb

delivered the opihiou of the Court:

The fact stands forth that the only possibility for a realization of any of the hopes of the stockholders of the defendant company lies in the successful exploitation of the Engle invention, and, for reasons which we shall state later, it is clear to us that to grant the relief prayed by this bill would be destructive of the enterprise. We make these general observations now to emphasize the necessity for a clear and unequivocal statement of facts relied upon by the plaintiffs before such a result will be made possible by the court. And where, as here, such…

2Cases cited12 opinions

  1. Tanner v. Lindell Railway Co.Supreme Court of Missouri · 1904
  2. Campbell v. Northwest Eckington Improvement Co.Supreme Court of the United States · 1913
  3. Vigel v. HoppSupreme Court of the United States · 1881
  4. Levering v. BimelIndiana Supreme Court · 1897
  5. Beidenkopf v. Des Moines Life InsuranceSupreme Court of Iowa · 1913

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