Central R. Co. of NJ v. Mills

Citations

• 113 U.S. 249
• 5 S. Ct. 456
• 28 L. Ed. 949
• 1885 U.S. LEXIS 1676

Syllabus

<p>A bill in equity, filed in the Court of Chancery of the State of New Jersey by citizens of that State, stockholders in a New Jersey railroad corporation, against- that corporation, and a Pennsylvania railroad corporation, and ’ several individuals, citizens respectively of New Jersey and Pennsylvania, and directors in one or both corporations, alleged that, without authority of law, and in fraud of the rights of the plaintiffs, and with the concurrence of the individual defendants, the New Jersey corporation, pursuant to votes of a majority of its stockholders, -made, and the Pennsylvania corporation took, alease of the railroad and property of the New Jersey corporation ; and prayed that the lease might be set aside, the Pennsylvania corporation ordered to account with the New Jersey corporation for all profits received, the amount found due ordered to be paid to the New Jersey corporation by the Pennsylvania corporation, or, upon its failure to do so, by the individual defendants, and the New Jersey corporation ordered to administer the property in conformity with its charter, and to pay over to the plaintiSs their share of that amount. The defendants answered jointly, denying the illegality of the lease, and removed the case into the Circuit Court of the United States, under the act of March 3,1875, ch'. 137, as involving a controversy between citizens of different States, arid a controversy arising under the Constitution and laws of'the United States. The Circuit Court, upon the plaintiffs’ motion, remanded the case to the State court. Held, That the case was rightly reihanded.</p>