Legal Opinion

Henry Hill, in Error v. Caleb B. Smith and Others

Supreme Court of the United States

Decided February 18, 1859PublishedCited by 3 opinions

This case was brought up by writ of error from the Circuit Court of the United States for the district of Indiana. It was an action brought upon the contract recited in the opinion of the court, to which there was a general demurrer, which was sustained by the Circuit Court. Hill, who was the plaintiff, then brought the case up to this court by a writ of error. First.

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This case was brought up by writ of error from the Circuit Court of the United States for the district of Indiana. It was an action brought upon the contract recited in the opinion of the court, to which there was a general demurrer, which was sustained by the Circuit Court. Hill, who was the plaintiff, then brought the case up to this court by a writ of error. First. That the Circuit Court erred in sustaining the demur . rer to first and second counts, and each of them; to sustain this position, we rely upon, the positions above, and authorities cited, to'sustain the third, fourth, fifth,…

1Opinion of the CourtJustice Grier

The plaintiff’s demand is founded on the following contract, dated August 17th, 1853, signed by defendants, and set forth at length in the declaration:

“Whereas Henry Hill; of Delaware county, has proposed to convey to the Cincinnati, Newcastle, and Michigan Railroad Company a certain tract of land in Delaware county, contain-, i.ng three hundred and nine acres, for the consideration of six thousand one hundred dollars, to be paid in the capital stock of said company, at par, on the condition that Caleb Smith and other responsible persons will guaranty that the said stock shall be worth par in…

2Cited by3 opinions

  1. Kilbride v. MossCalifornia Supreme Court · 1896
  2. Meyer v. MooreCalifornia Court of Appeal · 1925
  3. Clark v. H. Hackfeld & Co.Hawaii Supreme Court · 1904

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