Emma Silver Mining Co. v. Emma Silver Mining Co. of New York
U.S. Circuit Court for the District of Southern New York
In Equity. Final hearing upon several pleas filed by the defendant company, Park, and Baxter, in bar of the bill of complaint. On or about April 28, 1871, the defendant company became the owner of certain mining property in Utah known as the Emma mine. The defendants Park and Baxter were large shareholders in that company. It was, shortly, determined to sell the mine in England.
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In Equity. Final hearing upon several pleas filed by the defendant company, Park, and Baxter, in bar of the bill of complaint. On or about April 28, 1871, the defendant company became the owner of certain mining property in Utah known as the Emma mine. The defendants Park and Baxter were large shareholders in that company. It was, shortly, determined to sell the mine in England. In pursuance of this determination, Park proceeded to London with full authority to represent Baxter and the defendant company in the matter. After much negotiation the complainant company was organized by Park and…
1Opinion of the Court
Choate, D. J.
1. The three pleas in bar of the defendants Park and Baxter, and the plea in bar of the defendant the Emma- Silver Mining Company of New York, may bo conveniently considered together. These pleas all raise the same question, namely, whether tho judgment in the suit at law in this court, in favor of the defendants Park and Baxter, is a conclusive determination of the cause of action on which this bill proceeds for the avoidance of the contract of sale or of the facts constituting that cause of action. It is contended on tho part of the complainant that, whatever may bo the effect…
2Cases cited5 opinions
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Castle v. . NoyesNew York Court of Appeals · 1856
- Emery v. FowlerSupreme Judicial Court of Maine · 1855
- Hubbell v. . MeigsNew York Court of Appeals · 1872
- Whitney v. . AllaireNew York Court of Appeals · 1848
3Cited by25 opinions
- Doremus v. RootWashington Supreme Court · 1901
- Coca Cola Co. v. Pepsi-Cola Co.Superior Court of Delaware · 1934
- Cressler v. BrownSupreme Court of Oklahoma · 1920
- Portland Gold Mining Co. v. Stratton's Independence, Ltd.Court of Appeals for the Eighth Circuit · 1907
- Blanche H. Lober v. Willis MooreCourt of Appeals for the D.C. Circuit · 1969
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