Guaranty Trust Co. v. Dinwiddie
Oregon Supreme Court
Prom Multnomah.: John P. Kavanaugh, Judge. Statement by Ms. Justice Burnett. This is an action by the Guaranty Trust Company against W. S. Dinwiddie. It is alleged in the complaint and admitted by the answer that the Tennessee River Coal Company executed an order to sell its bonds, and that the defendant signed the subscription thereto, which are both here set out: “Bond Offering and Subscription Agreement.
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Prom Multnomah.: John P. Kavanaugh, Judge. Statement by Ms. Justice Burnett. This is an action by the Guaranty Trust Company against W. S. Dinwiddie. It is alleged in the complaint and admitted by the answer that the Tennessee River Coal Company executed an order to sell its bonds, and that the defendant signed the subscription thereto, which are both here set out: “Bond Offering and Subscription Agreement. “The Tennessee River Coal Company, a New York corporation, hereby offers, subject to prior sale, $150,-000.00 of its first mortgage six per cent, twenty-year sinking fund gold bonds, of…
1Opinion of the CourtJustice Burnett
The fraud relied upon by the defendant consisted in the representations made to him by one Frank J. Kilpatrick, as stated in his answer. It appears without dispute that R. F. Kilpatrick was the treasurer of the coal company, and by its authority had charge of the business of marketing its bonds. Frank J. Kilpatrick was his father, and they officed in the same place in New York City. It is contended by the plaintiff tha.t the latter was not in any way connected with the company and had no authority to represent it. The testimony of the defendant is clear and explicit in support of his answer…
2Cases cited6 opinions
- Busch v. WilcoxMichigan Supreme Court · 1890
- Boelk v. NolanOregon Supreme Court · 1910
- Williamson v. TysonSupreme Court of Alabama · 1894
- Sayre v. MohneyOregon Supreme Court · 1896
- Wilson v. McCarthyOregon Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- French v. Columbia Life & Trust Co.Oregon Supreme Court · 1916
- French v. Columbia Life & Trust Co.Oregon Supreme Court · 1916