Legal Opinion

Whitten v. Dabney

California Supreme Court

Decided December 27, 1915No. S. F. No. 6486. S. F. No. 6591PublishedCited by 66 opinions

APPEALS' from a judgment of the Superior Court of Alameda County, and from an order refusing to strike out a cost bill. William S. Wells, Judge. The facts are stated in the opinion of the court. Kemp, Mitchell & Silberberg, and Gibson & Woolner, for Plaintiffs and Appellants in No. 6486 and Respondents in No. 6591. W. B. Rinehart, and W. H. H. Hart, for Defendants and Respondents.

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APPEALS' from a judgment of the Superior Court of Alameda County, and from an order refusing to strike out a cost bill. William S. Wells, Judge. The facts are stated in the opinion of the court. Kemp, Mitchell & Silberberg, and Gibson & Woolner, for Plaintiffs and Appellants in No. 6486 and Respondents in No. 6591. W. B. Rinehart, and W. H. H. Hart, for Defendants and Respondents. John Ralph Wilson, and Walter G. Bonta, for Intervener and Respondent in No. 6486 and Appellant in No. 6591.

1Opinion of the CourtHenshaw, J.

Plaintiffs as stockholders of the Dabney Oil Company sued defendants Dabney, Miley, and Butler, alleging certain fraudulent impositions practiced by them upon the Dabney Oil Company resulting in great loss to that company. They asked for an accounting on behalf of the company against these defendants and a recovery into the treasury of the company of the amount of which it might be determined that the company had been defrauded. A conspiracy to commit these asserted fraudulent acts is charged against the three men. Their control of the corporation through its board of directors and the…

2Cases cited16 opinions

  1. Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
  2. Bank of the United States v. RITCHIESupreme Court of the United States · 1834
  3. Tate v. . MottSupreme Court of North Carolina · 1887
  4. Richards v. East Tennessee, Virginia & Georgia Railway Co.Supreme Court of Georgia · 1899
  5. Turner v. MarkhamCalifornia Supreme Court · 1909

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3Cited by66 opinions

  1. Young v. Higbee Co.Supreme Court of the United States · 1945
  2. Federal Deposit Insurance Corporation, Receiver of Texas Investment Bank v. Rockleigh S. Dawson, Jr.Court of Appeals for the Fifth Circuit · 1993
  3. Klopstock v. Superior CourtCalifornia Supreme Court · 1941
  4. Cahall v. LoflandCourt of Chancery of Delaware · 1921
  5. Hogan v. IngoldCalifornia Supreme Court · 1952

61 more not listed; retrieve them via the Exa API.

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