Ashmead v. Colby
Supreme Court of Connecticut
This was a petition in chancery, brought by the Randolph Mining Company, a" corporation, and sundry individuals, who were stockholders thereof, praying for the surrender of certain notes given, and the repayment of certain moneys paid, by the corporation to the respondents, and the cancellation of certain subscriptions of the individual petitioners to the stock of the corporation, and for an injunction.
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This was a petition in chancery, brought by the Randolph Mining Company, a" corporation, and sundry individuals, who were stockholders thereof, praying for the surrender of certain notes given, and the repayment of certain moneys paid, by the corporation to the respondents, and the cancellation of certain subscriptions of the individual petitioners to the stock of the corporation, and for an injunction. The petition was dated Sept. 26,1850. The case was referred to a committee, by whom the following facts were found. Previous to the 31st day of December, 1849, a contract had ■been entered…
1Opinion of the CourtHinman, J.
The first question is, whether the suit will abate in consequence of the death of Abraham Colby, his administrator not having been made a party. It is not necessary in this case to consider what would have been the effect of not bringing in, by a supplemental bill or otherwise, his representatives, if this objection had not been expressly waived by the conduct of the defendants after they had knowledge of such death. No doubt, as a general rule, all parties in interest ought in equity to be made parties to the suit, but one of the well established exceptions to this rule is said to be founded…
2Cases cited3 opinions
- Nash v. SmithSupreme Court of Connecticut · 1827
- Livingston v. TylerSupreme Court of Connecticut · 1842
- Bradley v. BassettSupreme Court of Connecticut · 1840
3Cited by10 opinions
- Equitable Life Assurance Society of United States v. SladeSupreme Court of Connecticut · 1937
- Mucci v. LeMonteSupreme Court of Connecticut · 1969
- Mitchell v. HancockCourt of Appeals of Texas · 1917
- Barcus v. GatesCourt of Appeals for the Fourth Circuit · 1898
- State v. WadsworthSupreme Court of Connecticut · 1861
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