Dana v. Morgan
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York, Suit by Charles A. Dana, in behalf of himself and other stockholders, against Edwin D. Morgan and another. From a decree dismissing the bill (219 Fed. 313), plaintiff appeals.
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Appeal from the District Court of the United States for the Southern District of New York, Suit by Charles A. Dana, in behalf of himself and other stockholders, against Edwin D. Morgan and another. From a decree dismissing the bill (219 Fed. 313), plaintiff appeals. This cause comes here on an appeal from a decree of the District Court of the United States for the Southern District of New York, filed on January 14, 1915. The defendant company is a corporation organized and existing under the laws of the state of Colorado. It was formed for the purpose of raising and selling live stock and for…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). This is a stockholder’s suit. The plaintiff sues on behalf of himself and all other stockholders who did not consent to the making of the contracts complained of and who are willing to contribute to the expense of the action. The complaint states that the commissions which the defendant company agreed to pay defendant Morgan under the contracts were excessive and beyond what the earnings of the company warranted and that they were more than the fair and reasonable value of his services. The bill alleges:
“The excessive compensation thereby sought to bo…
2Cases cited11 opinions
- Wabash Railroad v. Adelbert College of Western Reserve UniversitySupreme Court of the United States · 1908
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
- Wabash, St. Louis & Pacific Railway Co. v. HamSupreme Court of the United States · 1885
- Appleton v. American Malting Co.Supreme Court of New Jersey · 1903
- State v. SmithSupreme Court of New Jersey · 1892
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3Cited by33 opinions
- Depinto v. Provident Security Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1963
- Cathedral Estates, Inc. v. The Taft Realty CorporationCourt of Appeals for the Second Circuit · 1955
- Louisiana Municipal Police Employees' Retirement System v. PyottCourt of Chancery of Delaware · 2012
- S. Solomont & Sons Trust, Inc. v. New England Theatres Operating Corp.Massachusetts Supreme Judicial Court · 1950
- Liken v. ShafferDistrict Court, N.D. Iowa · 1946
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