Cincinnati, H. & D. R. v. McKeen
Court of Appeals for the Seventh Circuit
Appeal from tbe Circuit Court of tbe United States for tbe District of Indiana. Suit by tbe Cincinnati, Hamilton & Dayton Railroad Company against William R. McKeen. Defendant obtained a decree. Complainant appeals.
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Appeal from tbe Circuit Court of tbe United States for tbe District of Indiana. Suit by tbe Cincinnati, Hamilton & Dayton Railroad Company against William R. McKeen. Defendant obtained a decree. Complainant appeals. This suit was brought to obtain a decree declaring tbe defendant, William R. McKeen, a trustee for tbe plaintiff, tbe Cincinnati, Hamilton & Dayton Railroad Company and its stockholders, in respect of certain moneys aggregating $889,500 received by him from one Henry S. Ives, and also cancelling, as against that corporation, an agreement in writing of June 1, 1887, signed by…
1Opinion of the CourtHarlan, Circuit Justice
(after stating the facts as above reported).
The principal contention of the plaintiff is that the moneys paid to McKeen belonged to it, and, although paid by Ives for its benefit and by authority of its directors, were paid in part execution of a contract unauthorized by the plaintiffs charter or by the statutes of the state of which it was a corporation; and the same view as to want of corporate power was urged in relation to the agreement and note signed by Ives, trustee.
The defendant, among other things, insists that he did not contract with Ives as representing, nor receive the moneys in…
2Cases cited14 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- United States v. SmithSupreme Court of the United States · 1877
- Thomas v. City of RichmondSupreme Court of the United States · 1871
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3Cited by8 opinions
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- Cripe v. WadeOregon Supreme Court · 1927
- Judson v. BuckleyDistrict Court, S.D. New York · 1940
- Acme Finance Co. v. MonohonWashington Supreme Court · 1936
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