Pacific Vinegar & Pickle Works v. Smith
California Supreme Court
The facts are stated in the opinions of the court. J. C. Campbell, W. H. Metson, Campbell, Metson & Campbell, and John Garber, for Appellant. The contracts involved a breach of trust, and were illegal and not enforceable. (Morawetz on Private Corporations, sec. 517; West St. Louis Bank v. Bank, 95 U. S. 557; Chamberlain v. Pacific etc. Co., 54 Cal. 103; Graves v. Mining Co., 81 Cal. 308; Civ.
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The facts are stated in the opinions of the court. J. C. Campbell, W. H. Metson, Campbell, Metson & Campbell, and John Garber, for Appellant. The contracts involved a breach of trust, and were illegal and not enforceable. (Morawetz on Private Corporations, sec. 517; West St. Louis Bank v. Bank, 95 U. S. 557; Chamberlain v. Pacific etc. Co., 54 Cal. 103; Graves v. Mining Co., 81 Cal. 308; Civ. Code, sec. 2230; Wickersham v. Crittenden, 93 Cal. 17, 29; San Francisco Water Co. v. Pattee, 86 Cal. 623, 629; Wright v. Oroville etc. Mining Co., 40 Cal. 20, 27; Davis v. Rock Creek etc. Mining Co., 55…
1Opinion
These cases are both presented on a consolidated transcript on appeal, and, as the same general principles of law are applicable to both, they will be considered together.
The first action is brought by the Pacific Vinegar and Pickle Works (which for brevity will hereafter be referred to as the Pickle Works or corporation), to enjoin the said Sidney M. Smith from selling or transferring certain promissory notes not yet due, given by a corporation known as the California Packing Company to said Pickle Works, and indorsed by said Smith as president of the latter to himself, also for the…
2Cases cited21 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Wardell v. Railroad Co.Supreme Court of the United States · 1881
- Wickersham v. CrittendenCalifornia Supreme Court · 1892
- President & Trustees v. San Diego & Los Angeles RailroadCalifornia Supreme Court · 1872
- Munson v. Syracuse, Geneva & Corning RailroadNew York Court of Appeals · 1886
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