Legal Opinion

Clark v. Farrington

Wisconsin Supreme Court

Decided June 19, 1860PublishedCited by 18 opinions

APPEAL PROM CIRCUXT COURT, DODGE C0ÜNTV. This action was commenced by William D. Clark against William Farrington and wife, by the service of a summons and complaint.

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APPEAL PROM CIRCUXT COURT, DODGE C0ÜNTV. This action was commenced by William D. Clark against William Farrington and wife, by the service of a summons and complaint. The complaint set forth on information and belief, that Farrington, for the purpose of securing the payment to the La Crosse and Milwaukee Railroad Company, the sum of eight hundred dollars, with interest thereon, on or about the 28th day of March, 1853, made, executed and delivered to the La Crosse and Milwaukee Railroad Company, an instrument in writing, of which the following is a copy, viz: “ Know all men by these presents,…

1Opinion of the Court

By the Court,

Paine, J.

The cash capital in this state was inadequate to the building of its railroads, or even to the payment of such proportion as is usually paid in cash for stock' in the older and more wealthy communities. But the farmers along the routes, having confidence in the success of the enterprises, and the ultimate benefit to themselves, were willing to mortgage their farms for stock, placing the securities in the hands of the companies, to negotiate and raise the funds necessary for building the roads. This practice was extensively adopted along most of the roads in the state.…

2Cases cited5 opinions

  1. Quick v. White-Water TownshipIndiana Supreme Court · 1856
  2. Madison, Watertown & Milwaukee Plank Road Co. v. Watertown & Portland Plank Road Co.Wisconsin Supreme Court · 1856
  3. Vermont Central Rail Road v. ClayesSupreme Court of Vermont · 1848
  4. Willmarth v. CrawfordNew York Supreme Court · 1833
  5. Moore v. Hudson River RailroadNew York Supreme Court · 1851

3Cited by18 opinions

  1. Farwell v. Great Western Telegraph Co.Illinois Supreme Court · 1896
  2. Winterfield v. Cream City of Brewing CompanyWisconsin Supreme Court · 1897
  3. State ex rel. Priest v. Regents of the UniversityWisconsin Supreme Court · 1882
  4. Lewis v. American Savings & Loan Ass'nWisconsin Supreme Court · 1898
  5. Coffin v. RansdellIndiana Supreme Court · 1887

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