Alabama Fidelity Mort. & Bond Co. v. Dubberly
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. Oscar S. Lewis. Bill by P. R. Dubberly and others against the Alabama Fidelity, Mortgage and Bond Company to cancel and annul the consolidation of the corporation and for other relief. From a decree .-overruling demurrers to the bill respondent appeals.
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Appeal from Montgomery Chancery Court. Heard before Hon. Oscar S. Lewis. Bill by P. R. Dubberly and others against the Alabama Fidelity, Mortgage and Bond Company to cancel and annul the consolidation of the corporation and for other relief. From a decree .-overruling demurrers to the bill respondent appeals. The bill is filed by a minority stockholder of the Alabama Fidelity & Casualty Company, for himself and others who may desire to join therein, against the Alabama Fidelity & Casualty Company, the Fidelity Mortgage & Bond Company, and the Alabama Fidelity Mortgage & Bond Company. The…
1Opinion of the CourtSomerville, J.
There can be no serious.controversy as to the right of complainants to maintain their bill for the relief sought against the Alabama Fidelity & Casualty Company and its directors, if that relief is not foreclosed, as to the mode of procedure here attempted, by the de jure or de facto consolidation of said company with the Fidelity Mortgage & Bond Company.
The principles upon which such relief is founded are quite well settled, and the bill makes a case of official malversation and abandonment of the corporation by directors and stockholders, within those principles.—Noble v. Gadsden Land Co.,…
2Cases cited21 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Munson v. Syracuse, Geneva & Corning R. R. Co.New York Court of Appeals · 1886
- Bosworth v. . AllenNew York Court of Appeals · 1901
- Brewer v. Proprietors of the Boston TheatreMassachusetts Supreme Judicial Court · 1870
- Munson v. Syracuse, Geneva & Corning RailroadNew York Court of Appeals · 1886
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3Cited by26 opinions
- Holcomb v. ForsythSupreme Court of Alabama · 1927
- Elgin v. Alfa Corp.Supreme Court of Alabama · 1992
- Henry v. IdeSupreme Court of Alabama · 1922
- Provident Security Life Insurance Company v. John S. GorsuchCourt of Appeals for the Ninth Circuit · 1963
- Garrett v. Reid-Cashion Land & Cattle Co.Arizona Supreme Court · 1928
21 more not listed; retrieve them via the Exa API.