Legal Opinion

McCracken v. Robison

Court of Appeals for the Second Circuit

Decided August 1, 1893PublishedCited by 5 opinions

In Error to the Circuit Court of the United States for the Southern District of Yew York. At Law. Action by Willard F. Bobison against William Y. McCracken and others for breach of a railway construction contract. Judgment was given for plaintiff. Defendants bring error.

1Opinion of the Court

WALLACE, Circuit Judge.

The plaintiffs in error were defendants in the court below. On the trial the jury rendered a verdict for the plaintiff. The principal assignment of error presents the question whether the promise upon which the action was founded was void because of an unlawful consideration. The suit was brought to recover of defendants a share of the profits made in building a railroad for the Toledo, Saginaw & Muskegon Railway Company. The nominal plaintiff really represented four -persons,— Robison, Jr., Ashley, Baker, and Cummings. These four persons were the promoters of the…

2Cases cited1 opinion

  1. Barr v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1891

3Cited by5 opinions

  1. G. V. B. Min. Co. v. First Nat. Bank of HaileyCourt of Appeals for the Ninth Circuit · 1899
  2. Standard Life Ins. Co. v. FosterMississippi Supreme Court · 1950
  3. Old Dominion Copper Mining & Smelting Co. v. LewisohnCourt of Appeals for the Second Circuit · 1906
  4. Old Dominion Copper Min. Co. v. LewisohnU.S. Circuit Court for the District of Southern New York · 1905
  5. Kleybolte v. Cincinnati, Hamilton & Dayton Railway Co.Ohio Superior Court, Cincinnati · 1907

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