Supervisors of Portage v. Wisconsin Central Railroad
Massachusetts Supreme Judicial Court
Bill in equity, filed September 20, 1875, against the Wisconsin Central Railroad Company and .the National Exchange Bank of Boston, praying that certain bonds of the county of Portage in the State of Wisconsin, which had been delivered in trust to the defendant bank, might be ordered to be delivered ap to the plaintiffs, and that the trust should be determined.
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Bill in equity, filed September 20, 1875, against the Wisconsin Central Railroad Company and .the National Exchange Bank of Boston, praying that certain bonds of the county of Portage in the State of Wisconsin, which had been delivered in trust to the defendant bank, might be ordered to be delivered ap to the plaintiffs, and that the trust should be determined. The case was heard before Ames, J., who reserved it for the consideration of the full court on the pleadings and a report, and was as follows: In May, 1866, the Winnebago and Superior Railroad Company was chartered by the Legislature…
1Opinion of the CourtColt, J.
The bonds of the county of Portage, in the State of Wisconsin, which were to be used in exchange for the stock of the Wisconsin Central Railroad Company, were placed with the defendant bank to be held and delivered to the railroad corporation upon the trusts and conditions contained in its written proposition to the county.
The plaintiffs seek that the trust so created may be decreed to be terminated, and the bonds delivered to them, on two grounds: first, that the bonds were illegally issued; and, next, that the railroad corporation has failed to perform the conditions imposed upon it by the…
2Cases cited13 opinions
- Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
- Olcott v. SupervisorsSupreme Court of the United States · 1873
- Mercer County v. HacketSupreme Court of the United States · 1864
- St. Joseph Township v. RogersSupreme Court of the United States · 1873
- Clark v. City of JanesvilleWisconsin Supreme Court · 1860
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3Cited by5 opinions
- Bound v. Wisconsin Central RailroadWisconsin Supreme Court · 1878
- Sears v. Street CommissionersMassachusetts Supreme Judicial Court · 1902
- McCowen v. PewCalifornia Supreme Court · 1908
- Farnsworth Loan & Realty Co. v. Commonwealth Title Insurance & Trust Co.Supreme Court of Minnesota · 1901
- Sterling v. Victor Cushwa & Sons, Inc.Court of Appeals of Maryland · 1936