Farrington v. Stucky
Court of Appeals for the Eighth Circuit
Appeal from the United States Court of Appeals in the Indian Territory. A bill in equity was filed in this cause by Alonzo .1. Farrington, the appellant, against the defendants, W. L. Stuclcy, trustee, William Kenefick, trustee, and William Kenefick Company, asking a preliminary injunction to restrain the foreclosure of a trust deed under power of sale therein contained, and as final relief asking that the trust deed and the notes secured thereby be declared illegal and…
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Appeal from the United States Court of Appeals in the Indian Territory. A bill in equity was filed in this cause by Alonzo .1. Farrington, the appellant, against the defendants, W. L. Stuclcy, trustee, William Kenefick, trustee, and William Kenefick Company, asking a preliminary injunction to restrain the foreclosure of a trust deed under power of sale therein contained, and as final relief asking that the trust deed and the notes secured thereby be declared illegal and void, and canceled. The facts out of which the controversy arose are substantially as follows: The William Kenefick Company…
1Opinion of the CourtAmidon, District Judge
(after stating the facts as above). It is contended by the appellants that the notes and trust deed are void because the consideration therefor was against public policy and illegal. It is now too late to hold that an agreement for the payment of a bonus to a railroad company to secure the construction of its line along- a given route is void as against public policy. That has been one of the conspicuous features of American railroad building. The Legislatures in nearly every state in the Union have authorized counties, cities, and other municipal bodies to issue bonds in aid of such…
2Cases cited15 opinions
- McMullen v. HoffmanSupreme Court of the United States · 1899
- Tracy v. . TalmageNew York Court of Appeals · 1856
- St. Louis, Vandalia & Terre Haute Railroad v. Terre Haute & Indianapolis RailroadSupreme Court of the United States · 1892
- Harriman v. Northern Securities Co.Supreme Court of the United States · 1905
- Woodstock Iron Co. v. Richmond & Danville Extension Co.Supreme Court of the United States · 1889
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3Cited by13 opinions
- Quinn v. QuinnMassachusetts Supreme Judicial Court · 1927
- First Trust & Savings Bank v. Iowa-Wisconsin Bridge Co.Court of Appeals for the Eighth Circuit · 1938
- Second Russian Insurance v. MillerSupreme Court of the United States · 1925
- Horbach v. CoyleCourt of Appeals for the Eighth Circuit · 1924
- Korea Life Insurance v. Morgan Guaranty Trust Co. of New YorkDistrict Court, S.D. New York · 2003
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