Elder v. Western Mining Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Colorado; Robert E. Lewis, Judge. Suit in equity by Rufus C. Elder and Frank E. Mann, executors of the will of George W. Elder, deceased, and Frank E. Mann, against The Western Mining Company and others. Complainants appeal from the decree, and by George R. Elder and Ida D. Elder appeal from an order denying them leave to intervene.
1Opinion of the Court
STONE, Circuit Judge.
The statutes of Colorado (section 865, R. S. 1908), during the period here involved, as construed by this court (Westerlund v. Black Bear Mining Co., 203 Fed. 599, 121 C. C. A. 627), required ratification by the stockholders of leases of the entire property of a Colorado mining corporation. The Westerlund Case also decided that this provision was for the sole benefit of the stockholders, who could ratify such lease by estoppel, or who could attack its validity.
In January, 1899, the Adams Mining Company, a Colorado corporation engaged in mining, leased all of its property…
2Cases cited5 opinions
- Supreme Tribe of Ben-Hur v. CaubleSupreme Court of the United States · 1921
- Patterson v. HewittSupreme Court of the United States · 1904
- Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
- Elder v. Western Mining Co.Court of Appeals for the Eighth Circuit · 1916
- Sturm v. WiessCourt of Appeals for the Eighth Circuit · 1921
3Cited by6 opinions
- Frank J. Kozak v. Willard B. Wells, Administrator, Etc.Court of Appeals for the Eighth Circuit · 1960
- Dold Packing Co. v. DoermannCourt of Appeals for the Eighth Circuit · 1923
- Cohn v. Cities Service Co.Court of Appeals for the Second Circuit · 1930
- Aiken v. CornellCourt of Appeals for the Fifth Circuit · 1937
- Curtis v. American Book Co.District Court, S.D. New York · 1955
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