Oliver Wendell Holmes, Jr., Fleitmann v. Welsbach Street Lighting Company of America…
“ The only specific error assigned on appeal to the circuit court of appeals was holding that such a suit in equity could not be maintained by a single stockholder; that was the only question dealt with by the district court, and that was the ground of decision in the circuit court of appeals. It really is the only question in the case. ”
Oliver Wendell Holmes, Jr., Fleitmann v. Welsbach Street Lighting Company of America…
“ Therefore the inquiry at once arises why the defendants' right to a jury trial should be taken away because the present plaintiff cannot persuade the only party having a cause of action to sue,-how the liability which is the principal matter can be converted into an incident of the plaintiff's domestic difficulties with the company that has been wronged.No doubt there are cases in which the nature of the right asserted for the company, or the failure of the defendants concerned to insist upon their rights, or a different state system, has led to the whole matter being disposed of in equity ”
