Rogers v. Rogers Locomotive Co.
New Jersey Court of Chancery
On petition of George H. Longbottom to set aside order confirming sale, &c. Heard on petition and affidavits, and answers and affidavits. Tbis is an application by a stockholder of a corporation to set aside an order of the court confirming a written agreement for sale of the plant and other property of the corporation made between the receivers of the corporation and Smith & Halloran, as purchasers, for the sum of $602,000, to be paid or secured as provided by the contract.
Read the full summary
On petition of George H. Longbottom to set aside order confirming sale, &c. Heard on petition and affidavits, and answers and affidavits. Tbis is an application by a stockholder of a corporation to set aside an order of the court confirming a written agreement for sale of the plant and other property of the corporation made between the receivers of the corporation and Smith & Halloran, as purchasers, for the sum of $602,000, to be paid or secured as provided by the contract. The contract made on May 1st, 1901, was, by its terms, subject to confirmation and approval by the court. At the time…
1Opinion of the Court
Emery, V. C.
(after statement of the issues).
There is no claim in this petition, or in any of the affidavits, that the purchasers, Smith & Halloran, were in any way responsible for or connected with any representation made by the receivers or their counsel to the representatives of the power company, after the execution of their contract with the receivers *118on May 1st, 1901, or with any mistake or misapprehension on the part of the power company, as to the time when they could put in a bid. Manifestly, therefore, after the execution of their contract they could not be divested of any rights…
2Cited by4 opinions
- Stokes v. WilliamsCourt of Appeals for the Third Circuit · 1915
- Central Trust & Savings Co. v. Chester County Electric Co.Court of Chancery of Delaware · 1910
- In Re New Jersey Refrigerating Co.New Jersey Court of Chancery · 1924
- Christiansen v. SaulDistrict Court, D. Alaska · 2020