Wiggins Ferry Co. v. Ohio & Mississippi Railway
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. This was an action of assumpsit, brought by the Wiggins Ferry Company, against the Ohio and Mississippi Railway Company, to the April term, 1876, of the St. Clair circuit court.
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Appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. This was an action of assumpsit, brought by the Wiggins Ferry Company, against the Ohio and Mississippi Railway Company, to the April term, 1876, of the St. Clair circuit court. The Ohio and Mississippi Bailroad Company was chartered by the State of Illinois, February 12,1851, (Private Laws of Illinois, p. 89,) and various amendments to the charter were passed up to the 27th February, 1854,—by one of which it was authorized to extend its road to the Mississippi river. The Wiggins Ferry Company is…
1Opinion of the CourtJustice Scholfield
It is not pertinent here to inquire whether appellant has a remedy in equity, or in some other form of action at law. The question is, simply, is it entitled to recover in this action? The suit is against one corporation averred to be the assignee of another, upon a covenant made by the alleged assignor. There is no express undertaking, averred in the declaration, by the assignee, to perform the covenant of the assignor, nor is there any averment therein from which such an undertaking can he held to be legally implied. The only ground upon which there can be any reasonable pretence to base an…
2Cited by25 opinions
- First Universalist Society of North Adams v. BolandMassachusetts Supreme Judicial Court · 1892
- Knight v. PottgieserIllinois Supreme Court · 1898
- Tallman v. Eastern Illinois & Peoria RailroadIllinois Supreme Court · 1942
- Chicago Title & Trust Co. v. Corporation of the Fine Arts BuildingIllinois Supreme Court · 1919
- Murphy v. KerrDistrict Court, D. New Mexico · 1923
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