Wineburgh v. United States Steam & Street Railway Advertising Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed December 5, 1896, and amended April 20, 1897, in the Superior Court, by the plaintiff, in behalf of himself and other shareholders in the United States Steam and Street Railway Advertising Company, a corporation, against the corporation, Lavinia T. Carleton, executrix of the will of William F. Carleton, and others, directors of the corporation, not material to be named, for an account of the sum alleged to be due the corporation from the estate of…
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Bill in equity, filed December 5, 1896, and amended April 20, 1897, in the Superior Court, by the plaintiff, in behalf of himself and other shareholders in the United States Steam and Street Railway Advertising Company, a corporation, against the corporation, Lavinia T. Carleton, executrix of the will of William F. Carleton, and others, directors of the corporation, not material to be named, for an account of the sum alleged to be due the corporation from the estate of Carleton by reason of his fraudulent diversion and misappropriation of its property, and to obtain payment of the same from…
1Opinion of the CourtHolmes, J.
This is a bill by a stockholder in the defendant corporation, seeking that the estate of one Carleton, a former president of the corporation, may be required to make good to it his amount of alleged frauds and misappropriations of corporate property by him while in office. The defendants demur upon various grounds, with which we proceed to deal.
It appears by the bill that the alleged misappropriations by Carleton were made to a firm composed of himself and one Kissam. It is objected that Kissam ought to be joined, and that it does not appear that assets of the corporation came to the hands of…
2Cases cited6 opinions
- Brewer v. Proprietors of the Boston TheatreMassachusetts Supreme Judicial Court · 1870
- Dunphy v. Traveller Newspaper Ass'nMassachusetts Supreme Judicial Court · 1888
- Cutter v. HamlenMassachusetts Supreme Judicial Court · 1888
- Warren v. Para Rubber Shoe Co.Massachusetts Supreme Judicial Court · 1896
- Murray v. VanderbiltNew York Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Babcock v. FarwellIllinois Supreme Court · 1910
- Travis v. . Knox Terpezone Co.New York Court of Appeals · 1915
- von Arnim v. American Tube WorksMassachusetts Supreme Judicial Court · 1905
- Bartlett v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1915
- Richardson v. Clinton Wall Trunk Manufacturing Co.Massachusetts Supreme Judicial Court · 1902
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