Fox v. Haarstick
Supreme Court of the United States
APPEAL PROM THE SUPREME COURT OF THE TERRITORY OF UTAfi. This .was an action brought in the District Court of the Third Judicial District of Utah by Henry C. Haarstick against Moylan O. Fox, executor of Sarah M. McKibben, deceased, to recover damages for the refusal of the defendant to assign and transfer to the plaintiff fourteen hundred and fourteen shares of the capital stock of a corporation known as the St. Louis and Mississippi Valley Transportation Company, as called…
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APPEAL PROM THE SUPREME COURT OF THE TERRITORY OF UTAfi. This .was an action brought in the District Court of the Third Judicial District of Utah by Henry C. Haarstick against Moylan O. Fox, executor of Sarah M. McKibben, deceased, to recover damages for the refusal of the defendant to assign and transfer to the plaintiff fourteen hundred and fourteen shares of the capital stock of a corporation known as the St. Louis and Mississippi Valley Transportation Company, as called for by a contract subsisting between the plaintiff and Mrs. McKibben during the lifetime of the latter. ■ At the trial a…
1Opinion of the CourtJustice Shiras
The appellant’s contentions are that the trial court erred in failing to make an express finding as to certain defences s.et up in the defendant’s answer, which are alleged to have constituted new matter in avoidance of the contract declared on by the plaintiff, and to have been sustained by evidence, and that the Supreme Court of the Territory erred in approving that action of the trial court by affirming its judgment.
The defensive matter adverted to was thus set forth in the defendant’s answer:
“ The defendant alleges that, prior to the date of the alleged contract mentioned in the…
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