Wingert v. First Nat. Bank of Hagerstown
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. The facts, which involve the power of directors of a national bank, to alter its building against the protest of a minority of its shareholders, are stated in the opinion.
1Opinion of the CourtJustice Holmes
This is a bill to restrain the defendants, a national bank, its directors and a contractor employed by them, from .pulling down the bank building and erecting a six story building in its place — the first floor to be used for banking purposes, the other floors to be let for offices. The plaintiff is a holder of stock in the bank and alleges that the intended construction is ultra vires, and commercially unwise. The Circuit Court dismissed the bill on . the ground that in the absence of bad faith it would not revise the judgment of the majority of the directors on the question of policy and…
2Cases cited2 opinions
- Richardson v. McChesneySupreme Court of the United States · 1910
- Paper-Bag MacHine Co. v. NixonSupreme Court of the United States · 1882
3Cited by40 opinions
- United States v. MeyerCourt of Appeals for the Seventh Circuit · 1940
- Newton v. Consolidated Gas Co. of NYSupreme Court of the United States · 1924
- Rutherford v. KatzenbergerCourt of Appeals of Maryland · 1983
- Alton & Southern Railway Co. v. International Ass'n of Machinists & Aerospace WorkersCourt of Appeals for the D.C. Circuit · 1972
- Alton & Southern Railway Company v. International Association Of Machinists & Aerospace WorkersCourt of Appeals for the D.C. Circuit · 1972
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