98 F. 158 | U.S. Circuit Court for the District of Southern New York | 1899
The bill sets forth in much detail that the defendant the North Star Construction Company built and owned the stock of the Duluth & Winnipeg Railroad Company, which owned the stock of the Duluth & Winnipeg Terminal Company, and owned the stock of the North Star Iron Company; that the construction company owed its president, Foley, a note of about $600,000, and had deposited with him the common and preferred stock and bonds of the railroad company, the bonds of the terminal company, and
The orator is alleged to be a citizen of New York; the defendant the Canadian Pacific Railway Company is alleged to he a corporation of, and William C. Van Horne, its president, a citizen of, Canada; the defendant Duluth, South Shore & Atlantic Railway Company is alleged to he a corporation and citizen of Michigan; and the North Star Construction Company to be a corporation and citizen of New .Jersey. The defendant corporations have severally demurred to the bill, and assigned want of jurisdiction of the parties, want of jurisdiction in equity, and want of ground for relief as causes of dftnurrer.
Jurisdiction of the parties seems to he well shown hv De Neufville v. Railway Co., 26 C. C. A. 306, 81 Fed. 10. The objection that efforts of the plaintiff to induce the construction company to sue are not set out according to the rule of the supreme court in equity is also covered by that case, in view of the allegation that the control of that corporation has been with the other defendants during the time of these transactions. The construction company and the new railroad company, as parties interested in the subject-matter, and the president of the Canadian Pacific, as an officer through whom the transactions were had, appear to he proper parties, according to well-known practice in equity pleading.