Hathaway v. Foy
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The court erred in refusing to grant the instruction, which asked the court to declare that the plaintiff having a complete remedy at law against the People’s Passenger Railway Company, is not entitled to equitable relief in their action against defendant Foy—Grandin v. Jones, 2 Paige Ch. 509; Wiswell v. Wall, 3 Paige Ch. 303. Where remedy at law is complete, courts of equity will not assume jurisdiction—1 Sto. Eq.
Read the full summary
Appeal from St. Louis Circuit Court. The court erred in refusing to grant the instruction, which asked the court to declare that the plaintiff having a complete remedy at law against the People’s Passenger Railway Company, is not entitled to equitable relief in their action against defendant Foy—Grandin v. Jones, 2 Paige Ch. 509; Wiswell v. Wall, 3 Paige Ch. 303. Where remedy at law is complete, courts of equity will not assume jurisdiction—1 Sto. Eq. J. § 641; 3 Sanf. 463; Kortwright v. Buffalo Bk., 20 Wend. 91. In this last cited case, it was held that an? action of assumpsit lies against a…
1Opinion of the CourtHolmes, Judge
The case presents those leading facts: The defendant Eoy was an original subscriber for one hundred shares of stock in the People’s Railway Company. No certificate of stock had been issued to him. He declined to pay instalments, but no measures were taken to enforce payment or forfeiture. The plaintiff desired to obtain these shares. An agent of the plaintiff states that he went to Foy on his behalf ; that Eoy said he did not want the shares if he had to pay instalments thereon, and would relinquish them; that he told Foy that the plaintiff would take them, and that Eoy assented, and that he…
2Cases cited1 opinion
- Freeland v. WilsonSupreme Court of Missouri · 1853
3Cited by16 opinions
- Harris Banking Co. v. MillerSupreme Court of Missouri · 1905
- Boyer v. HamiltonMissouri Court of Appeals · 1886
- Goodrich v. WilliamsonSupreme Court of Oklahoma · 1899
- Kortjohn v. SeimersMissouri Court of Appeals · 1888
- McFarland v. CreathMissouri Court of Appeals · 1889
11 more not listed; retrieve them via the Exa API.