Hall v. Catherine Creek Development Co.
Oregon Supreme Court
From Union: John W. Knowles, Judge. Statement by Mr. Justice Burnett. Tbis is a suit by G-. F. Hall, W. A. Hall and M. M. Hall against the Catherine Creek Development Company, a corporation, to foreclose a mortgage on land in Union County, securing three promissory notes of $7,080 each. With a few exceptions, not important to the discussion, the complaint is admitted.
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From Union: John W. Knowles, Judge. Statement by Mr. Justice Burnett. Tbis is a suit by G-. F. Hall, W. A. Hall and M. M. Hall against the Catherine Creek Development Company, a corporation, to foreclose a mortgage on land in Union County, securing three promissory notes of $7,080 each. With a few exceptions, not important to the discussion, the complaint is admitted. In substance the defense is that one W. B. Wilson was a promoter and organizer of the defendant corporation, and was at the same time in the secret employ of the plaintiffs, who had agreed to give him $3,000 if he would effect a…
1Opinion of the CourtJustice Bubnett
1. It seems to be unquestioned that as a matter of fact Wilson had been employed by the plaintiffs to find a purchaser for the land at $36,000, and that they agreed to pay him $3,000 for his services without the knowledge of the corporation or any of its officers or stockholders, except Wilson himself. It is without dispute that he did assist in the formation of the company, became a stockholder and officer therein, and was such official at the passing of the title. It is common learning that as between the corporation and its double dealing promoter such a transaction is fraudulent. The…
2Cases cited7 opinions
- Raymond v. FlavelOregon Supreme Court · 1895
- Stoney Creek Woolen Co. v. SmalleyMichigan Supreme Court · 1896
- Dresher v. BeckerNebraska Supreme Court · 1911
- Copeland v. TweedleOregon Supreme Court · 1912
- Fiore v. Ladd & TiltonOregon Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. HydeOregon Supreme Court · 1918
- Fort Myers Development Corp. v. J. W. McWilliams Co.Supreme Court of Florida · 1929
- Silfvast v. AsplundMontana Supreme Court · 1935
- O'Shea v. MorrisNebraska Supreme Court · 1924
- Bridges v. HurlburtOregon Supreme Court · 1919
3 more not listed; retrieve them via the Exa API.