United States Rolling Stock Co. v. Atlantic & Great Western Railroad
Ohio Supreme Court
Error to the District Court of Summit county. The action below was brought by the plaintiff against the defendant to recover the sum of $985,934.02, most of which sum was a balance alleged to be due the plaintiff from the -defendant for the. use of rolling stock furnished by the former to the latter, from February, 1872, to December 10, 1874, under an express contract.
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Error to the District Court of Summit county. The action below was brought by the plaintiff against the defendant to recover the sum of $985,934.02, most of which sum was a balance alleged to be due the plaintiff from the -defendant for the. use of rolling stock furnished by the former to the latter, from February, 1872, to December 10, 1874, under an express contract. It appears from the record that the plaintiff was incorporated under the laws of New York on the 31st day of October, 1871, with a board of five directors empowered to manage its affairs ; and that on December 11, 1871, the…
1Opinion of the CourtBoynton, J.
The question presented by the record arises upon the exception to the charge of the court upon the-point of the defendant’s right to avoid the contract upon; *460which the action, was founded. The rule that an agent or trustee in matters touching his agency, or pertaining to the trust, can not bind the principal or cesíui que trust, without his consent, by a contract in which the former is adversely 'interested, rests upon a very satisfactory foundation, and is supported by a great weight of authority. Wade v Pettibone, 11 Ohio, 57; Morison v. Thompson, L. R. 9 Q. B. 480 ; 1 Leading Cases in Eq.…
2Cases cited7 opinions
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- Grimes v. SandersSupreme Court of the United States · 1876
- Brown v. County of Buena VistaSupreme Court of the United States · 1877
- Adams Mining Co. v. SenterMichigan Supreme Court · 1872
- Larimore v. WellsOhio Supreme Court · 1875
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