Eldredge v. Mill Ditch Co.
Oregon Supreme Court
From Malheur. Dalton Biggs, Judge. In Banc. This is a suit in equity brought to enjoin and finally to set aside the execution sale.of the water rights and ditch property of the Mill Ditch Company, a mutual corporation for the distribution of water; to have a receiver appointed to take charge of such ditch and water rights, and levy the necessary assessments to pay off the debts of the corporation.
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From Malheur. Dalton Biggs, Judge. In Banc. This is a suit in equity brought to enjoin and finally to set aside the execution sale.of the water rights and ditch property of the Mill Ditch Company, a mutual corporation for the distribution of water; to have a receiver appointed to take charge of such ditch and water rights, and levy the necessary assessments to pay off the debts of the corporation. The defendant, Mill Ditch Company, is a corporation organized for the purpose of diverting water from the Malheur River and distributing it through the ditches in question to the stockholders in…
1Opinion of the CourtBennett, J.
It appears from the complaint that the defendant Hope is the owner of the majority of the stock of the Mill Ditch Company, and he is also a director of the defendant, United States National Bank. There were allegations in the complaint regarding the conduct on the part of Hope to the effect that he had intentionally permitted the assessments of the Mill Ditch Company upon the stockholders to lapse by reason of his majority control, and thus to permit the company to-become insolvent, so far at least as the present payment of its indebtedness is concerned. The allegations of the complaint…
2Cases cited8 opinions
- Gue v. Tide Water Canal Co.Supreme Court of the United States · 1861
- Pringle Falls Power Co. v. PattersonOregon Supreme Court · 1913
- Rathfon v. Payette-Oregon Slope Irr. DistOregon Supreme Court · 1915
- Smith v. InglesOregon Supreme Court · 1862
- Holmes v. WolfardOregon Supreme Court · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- Klamath Irrigation District v. United StatesOregon Supreme Court · 2010
- In Re Rights to Use of Waters of Silvies RiverOregon Supreme Court · 1924
- Scherck v. NicholsWyoming Supreme Court · 1939
- Fort Vannoy Irrigation District v. Water Resources CommissionOregon Supreme Court · 2008
11 more not listed; retrieve them via the Exa API.