St. Louis Railway Company v. Wilson

This is an appeal from an order of the circuit court of the United States remanding a suit to the circuit court of the city of St. Louis, Missouri, from which it had been removed upon a petition filed under the act of March 3, 1875, c. 137, (18 St. 470.) The suit was in equity, and brought by William C. Wilson, the appellee, a citizen of Missouri, against the St. Louis & San Francisco Railway Company, a Missouri corporation, and Jesse Seligman and James Seligman, citizens of New York, to compel the company to transfer to Wilson on its books certain shares of its capital stock standing in the name of the Seligmans, and to issue to him certificates therefor. The petition states that Wilson purchased the stock at a sale under an execution issued upon a judgment in his favor and against the Seligmans, and that on the nineteenth of December, 1883, he exhibited to the company his certificate of purchase, and demanded that the company cause his name 'to be entered on the stock books of said corporation as the owner of said shares of said capital stock, * * * and further duly notified said corporation to pay to him all dividends hat might thereafter be declared and payable to and on said stock;' but that the company refused so to do. The prayer is for a transfer of the stock, the cancellation of the certificates to the Seligmans, the issue of new certificates and payment of dividends to Wilson, and an injunction prohibiting the Seligmans from acting as stockholders.

The company and the Seligmans filed separate answers, but setting up substantially the same defense, to-wit, that the stock, though standing in the names of the Seligmans, did not in fact belong to them when the execution was levied, or when the sale to Wilson was made, because they had long before that time sold and transferred their certificates to other parties for value, who were the real holders and owners of the stock, though not transferred to them on the books. The Seligmans in their answer deny the validity of the judgment against them, for the reason that it was rendered in a suit to which they were not parties.

The petition for removal was presented by the Seligmans alone, and, after stating the citizenship of the parties, proceeds as follows: 'That there is in said suit a controversy wholly between citizens of different states, which can be fully determined as between them without the presence of the defendant, the St. Louis & San Francisco Railroad; that there is in said suit a separate controversy wholly between said plaintiff and your petitioners, citizens of different states as aforesaid, which can be fully determined as between them, and your petitioners are actually interested in such controversy; that the controversy in said suit between plaintiff and your petitioners, as made by the pleadings, is wholly distinct and separate from that between the plaintiff and the St. Louis & San Francisco Railway Company.' Upon this petition the state court removed the suit, but the circuit court of the United States remanded it. To reverse this order of the United States court the appeal was taken.

''Jas. O. Broadhead'', for plaintiff in error.

''Jas. S. Botsford'', for defendant in error.

WAITE, C. J.