Warner v. Daniels
U.S. Circuit Court for the District of Massachusetts
This was a bill in equity. It alleged that on the 19th of November, 1S36, the complainant [Samuel Warner] was seized of a farm in Wrentham, in this state, worth $6000; that [Adams] Daniels and [Josephe.] Fales then held what purported to be certificates of shares in the Cleft Ledge Granite Company in New Hampshire, valued at $6000. the company having a capital paid in of $200.000; that they proposed to purchase said farm of the complainant for a valuable consideration, find…
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This was a bill in equity. It alleged that on the 19th of November, 1S36, the complainant [Samuel Warner] was seized of a farm in Wrentham, in this state, worth $6000; that [Adams] Daniels and [Josephe.] Fales then held what purported to be certificates of shares in the Cleft Ledge Granite Company in New Hampshire, valued at $6000. the company having a capital paid in of $200.000; that they proposed to purchase said farm of the complainant for a valuable consideration, find pay him in shares of said company; but in order to induce him to make the exchange, ihey averred, that the stock was…
1Opinion of the Court
WOODBURY, Circuit Justice.
There was a preliminary objection in this case, as to the competency of the testimony of Scott and Gilbert, and G. C. Thompson, that must first be examined. Scott was brought in to defend, after the institution of these proceedings, on account of a mortgage of the premises to him by one of the respondents. But it is now admitted, as well as proved, that his interest ceased before the bill was filed; and he denies, as do the rest of the parties, any collusion or combination with Daniels; and there is no witness in the case testifying to the contrary. It is proper,…
2Cases cited14 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Woodcock v. BennetNew York Supreme Court · 1823
- Osgood v. FranklinNew York Court of Chancery · 1816
- Whelan v. WhelanNew York Supreme Court · 1824
- M'Donald v. NeilsonCourt for the Trial of Impeachments and Correction of Errors · 1823
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3Cited by3 opinions
- Smith v. . CountrymanNew York Court of Appeals · 1864
- Alger v. AndersonU.S. Circuit Court for the District of Middle Tennessee · 1899
- Merrifield v. McClayOregon Supreme Court · 1914