Samuel v. Holladay
U.S. Circuit Court for the District of Kansas
The Central Overland California & Pike’s Peak Express Company was incorporated by the legislature of the territory of Kansas, with an authorized capital stock of $1,000,-000, represented by shares of $100 each. It was, among other things, authorized to, and it did, establish, maintain, and operate a line of stages, running from Leavenworth and Atchison, in Kansas, to certain towns in Colorado, and thence to Great Salt Lake City, in Utah.
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The Central Overland California & Pike’s Peak Express Company was incorporated by the legislature of the territory of Kansas, with an authorized capital stock of $1,000,-000, represented by shares of $100 each. It was, among other things, authorized to, and it did, establish, maintain, and operate a line of stages, running from Leavenworth and Atchison, in Kansas, to certain towns in Colorado, and thence to Great Salt Lake City, in Utah. By the charter, the management of its business was intrusted to a board of directors, not less than three, nor more than nine, in number; and by one section,…
1Opinion of the Court
MILLER, Circuit Justice.
This is a bill in chancery, brought by the plaintiffs, as shareholders in the express company, against the corporation and others, and especially against Ben Holladay. The ground of the complaint is this: That the express company made a deed of trust to Pease and Warner, nominally to secure to Holladay certain sums of money which he had advanced to it; that a sale of the property thereby conveyed was made by the trustees to said Holladay; that the deed was illegal, because, as is alleged, it was not authorized by the company; that even if the deed were valid, the sale…
2Cases cited10 opinions
- Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- Stow v. WyseSupreme Court of Connecticut · 1828
- Warner v. MowerSupreme Court of Vermont · 1839
- Commonwealth v. Mayor of LancasterSupreme Court of Pennsylvania · 1836
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