Walker v. Ogden
U.S. Circuit Court for the Northern District of Illnois
This was a bill in chancery, filed by Walker, to compel the defendants who, together with E. K. Le Bar, deceased, were the trustees of the Chicago Land Company, to issue to him a certificate for one hundred and sixty-six shares of stock in said company, which the defendants claimed had been forfeited to the other stockholders for non-payment of assessment.
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This was a bill in chancery, filed by Walker, to compel the defendants who, together with E. K. Le Bar, deceased, were the trustees of the Chicago Land Company, to issue to him a certificate for one hundred and sixty-six shares of stock in said company, which the defendants claimed had been forfeited to the other stockholders for non-payment of assessment. It appeared that the complainant with others were associated together in a voluntary joint stock enterprise for the purchase of lands in and about Chicago, in 1S53, with the view to profits by anticipated enhancement in value. The' entire…
1Opinion of the Court
DRUMMOND, District Judge.
My opinion is that the assessment was legal and proper, and that a sufficient notice was given to Walker. If there was an illegality or irregularity in the assessment, the burden of proof was on the complainant to establish it, and he has failed to do so. But irrespective of the presumption of law of its regularity, I think upon the evidence before me that its legality is sufficiently established in every substantial particular.
I am also of the opinion that the objection taken by the defendants to the action of Fleet-wood in receiving the acceptances, is well taken. I…
2Cases cited3 opinions
- In re the election of Directors of the Long Island RailroadNew York Supreme Court · 1837
- Herkimer Manufacturing & Hydraulic Co. v. SmallNew York Supreme Court · 1839
- Eastern Plank Road Co. v. VaughanNew York Supreme Court · 1855
3Cited by1 opinion
- Hill v. Atoka Coal & Mining Co.Supreme Court of Missouri · 1894