Rothchild v. Memphis & C. R.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western District of Tennessee. A bill was filed In the circuit court for the Western district of Tennessee by the complainant, who is a stockholder in the Memphis & Charleston Railroad Company, on behalf of himself and all other stockholders desiring to become parties complainant, against the Memphis & Charleston Railroad Company and the Southern Railway Company.
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Appeal from the Circuit Court of the United States for the Western District of Tennessee. A bill was filed In the circuit court for the Western district of Tennessee by the complainant, who is a stockholder in the Memphis & Charleston Railroad Company, on behalf of himself and all other stockholders desiring to become parties complainant, against the Memphis & Charleston Railroad Company and the Southern Railway Company. The purpose of the bill is to have the title of the Southern Railway Company to the property and franchises of the Memphis & Charleston Railroad Company, purchased at a…
1Opinion of the CourtWanty, District Judge
The proofs in this case fail to show any actual fraud on the part of the Southern Railway Company before or at the sale, or any actual control by it of the Memphis & Charleston Railroad. The road was in the hands of receivers appointed by the court from July 14, 1892, until the sale was made on the 26th of February, 1898. The defendant Southern Railway Company was not organized until 1894, and there is nothing in the proofs from which any manipulation of the affairs of the Memphis & Charleston Railroad by the Southern Railway Company since its organization, or by its stockholders before its…
2Cases cited12 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
- Harwood v. Railroad Co.Supreme Court of the United States · 1873
- Mickles v. Rochester City BankNew York Court of Chancery · 1844
- Rogers v. Nashville, C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1898
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3Cited by13 opinions
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- Weisbecker v. Hosiery Patents, Inc.Supreme Court of Pennsylvania · 1947
- In Re New York Railways CorporationCourt of Appeals for the Second Circuit · 1936
- Shaw v. Cole Mfg. Co.Tennessee Supreme Court · 1915
- Bausch & Lomb Optical Co. v. WahlgrenDistrict Court, N.D. Illinois · 1932
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