Bernheim v. Louisville Property Co.

Citations

• 221 F. 273
• 1914 U.S. Dist. LEXIS 1293

Syllabus

<p>1. Removal op Causes <@=>25—Test op Right to Remove.</p> <p>The case as made by plaintiff’s petition, as it stood at the time of the petition for removal, was the test of the right to remove, and an amended petition, subsequently filed, could not be considered on a motion to remand.</p> <p>[Ed. Note.—For other cases, see Removal of Causes, Cent. Dig. §§ 58, 59; Dee. Dig. <@=25. ]</p> <p>2. Cokpobations <@=197—Stookholdees’ Meetings—Right to Vote.</p> <p>The holders of shares of stock in a corporation, who appear to be such on the stockbooks at the date of a meeting of the stockholders, are prima facie entitled to vote the stock.</p> <p>[Ed. Note.—For other cases, see Corporations, Cent. Dig. §§ 747, 749-763, 764; Dec. Dig. <@=197.]</p> <p>S Removal op Causes <@=>48—Sepabable Oontboveksy.</p> <p>The petition in a suit by a stockholder in a property company alleged that a majority of the stock was owned by the L. Railroad Company or its officers and directors, or by the A. Railroad Company, which controlled the L. Company; that the stock owned by the A. Company appeared on the books of the property company in the name of a trust company, the A. Company and the trust company being foreign corporations; that the trust company, by voting such stock, had repeatedly elected the officers and directors of the L. Company as directors of the property company, and would do so at a meeting to be hold on March 17, 1914; that under the Constitution and laws of Kentucky and the charters of such railroad companies it was unlawful for them to control the business of the property company; and that the stock appearing on the corporate books in the name of the L. Company belonged to other parties, hut had not been transferred to them on such books. An injunction was asked restraining the L. Company from voting any stock at the meeting on March 17th, restraining the president of the property company from ruling at such meeting that the stock held by any of the other companies might be