Quimbee logo
DMCA.com Protection Status

Old Dominion Copper Mining and Smelting Co. v. Lewisohn

210 U.S. 206 (1908)

Case BriefQ&ARelatedOptions
From our private database of 22,300+ case briefs...

Old Dominion Copper Mining and Smelting Co. v. Lewisohn

United States Supreme Court

210 U.S. 206 (1908)

Facts

Lewisohn (defendant) and his associate Bigelow made a plan to form Old Dominion Copper Mining and Smelting Company (Old Dominion) (plaintiff) and sell certain assets to it at a profit. The plan also contemplated that Old Dominion would, after the sale, issue more shares to the public at a par value reflecting the inflated price Old Dominion paid for the assets rather than those assets’ actual value. The plan was executed. Lewisohn and Bigelow sold the assets to Old Dominion in exchange for Old Dominion stock, and Old Dominion offered shares to the public at a par value reflecting the price Old Dominion paid for the assets. Old Dominion agreed to the sale with full knowledge of the facts and the plan. Neither Old Dominion, Lewisohn, nor Bigelow disclosed the profit the latter two had made on the sale to the public subscribers. The subscribers, upon becoming shareholders in Old Dominion and learning of the plan, filed derivative actions to recover from Lewisohn and Bigelow, alleging that the sale was a fraud against the corporation. In the lawsuit against Bigelow, the Massachusetts Supreme Court held that Old Dominion could recover from him.

Rule of Law

Issue

Holding and Reasoning (Holmes, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 518,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 518,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 22,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions and answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Access this case brief for FREE

With a 7-day free trial membership
Here's why 518,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 22,300 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership