Morgan v. Overman Silver Mining Co.
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Both the Uncle Sam Silver Mining Company and the Overman Silver Mining Company were corporations formed in the State of California, but carrying on the business of mining in the State of Hevada.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Both the Uncle Sam Silver Mining Company and the Overman Silver Mining Company were corporations formed in the State of California, but carrying on the business of mining in the State of Hevada. The plaintiff was a creditor of the Uncle Sam Silver Mining Company in 1865, when the agreement between the Overman Silver Mining Company and the Uncle Sam Silver Mining Company was entered into. The plaintiff appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sawyer, C. J.:
The plaintiff was a creditor of the “Uncle Sam Silver Mining Company.” The defendant brought an action against the Uncle Sam Silver Mining Company, to recover all the mining ground and property of the latter, and it was agreed between the companies that the latter should permit the former, the defendant in this action, to take a judgment in said action for said property; and, in consideration therefor, the said Overman Silver Mining Company agreed to pay and discharge all the debts and liabilities of the Uncle Sam Silver Mining Company. This action is brought…
2Cases cited4 opinions
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
- Schemerhorn v. VanderheydenNew York Supreme Court · 1806
- Dearborn v. ParksSupreme Judicial Court of Maine · 1827
- Briggs v. StrangeMassachusetts Supreme Judicial Court · 1821
3Cited by12 opinions
- Bogart v. George K. Porter Co.California Supreme Court · 1924
- United States Fire Ins. Co. v. SmithSupreme Court of Alabama · 1935
- Washer v. Independent Mining & Development Co.California Supreme Court · 1904
- Follansbee v. JohnsonSupreme Court of Minnesota · 1881
- Whitney v. American Insurance Co.California Supreme Court · 1900
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