Brissell v. Knapp
U.S. Circuit Court for the District of Nevada
In Equity. On demurrer to bill. It is alleged in the bill that the defendant, Knapp, then vice president of the Tonapah Home Mining Company, on the 10th day of March, 1903, heid, under a pooling agreement, certain stocks issued by said company belonging to Adolf Longabaugh.
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In Equity. On demurrer to bill. It is alleged in the bill that the defendant, Knapp, then vice president of the Tonapah Home Mining Company, on the 10th day of March, 1903, heid, under a pooling agreement, certain stocks issued by said company belonging to Adolf Longabaugh. The terms of the agreement are not disclosed, other than, the condition that the stock should be delivered to Longabaugh on August 12, 1904. March 11, 1903, Longabaugh, for a valuable consideration, assigned this stock to the complainant. March 15, 1903, the defendant was duly notified of thg assignment. April 1, 1903, the…
1Opinion of the CourtFarrington, District Judge
(after stating the facts). The first question raised by the demurrer is as to whether complainant’s remedy is barred by laches. The rules controlling the application of the doctrine of laches, are among the most characteristic in equity jurisprudence. If unreasonable delay in seeking relief is the only element to be considered, courts of equity will usually follow the statute of limitations, if there be one which is applicable. The statute of limitations is an arbitrary rule. The doctrine of laches is flexible. Its application depends upon the circumstances of each case.' It will not, save in…
2Cases cited41 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Galliher v. CadwellSupreme Court of the United States · 1892
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
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3Cited by4 opinions
- Simon v. United StatesUnited States Court of Claims · 1949
- Taylor v. Salt Creek Consol. Oil Co.Court of Appeals for the Eighth Circuit · 1922
- Conaway v. Co-Operative HomebuildersWashington Supreme Court · 1911
- Mason v. MacFaddenCourt of Appeals for the Eighth Circuit · 1924