Barcus v. Gates
Court of Appeals for the Fourth Circuit
Appeal from the* Circuit Court of the United States for the Eastern District of Virginia. This is an appeal from a decree sustaining the defendants’ demurrer and dismissing the bill of complaint.
Read the full summary
Appeal from the* Circuit Court of the United States for the Eastern District of Virginia. This is an appeal from a decree sustaining the defendants’ demurrer and dismissing the bill of complaint. The complainants are James Q. Barcus, Henry A. Horton, Richard A. Edwards, and John M. Thompson, citizens of Indiana, and the defendants are Erasmus W. Gates, Joseph P. Hubbard, Robert E. Craig, the Virginia Marl Phosphate Company, and the American Plant-Food Company, all citizens of Virginia. The facts alleged in the bill of complaint, and admitted by the demurrer, are numerous, and are set out with…
1Opinion of the CourtMorris, District Judge
(after stating the facts as above). The ground of demurrer most strongly relied upon is that the appellants cannot be heard to complain of the frauds-by which they were induced to part with their money in the formation of the American Plant-Food Company and the purchase of the Yoi-tlibury tract of land, because the agreement, to which they were parties, for the subscriptions to the stock of the American Plant-Food Company, was contrary to the public policy of Virginia, and illegal under its laws, for the reason that the common stock was to he issued without being paid for. The scheme was that…
2Cases cited19 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Scovill v. ThayerSupreme Court of the United States · 1882
- Sawyer v. HoagSupreme Court of the United States · 1873
- Oliver v. PiattSupreme Court of the United States · 1845
- Handley v. StutzSupreme Court of the United States · 1891
14 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Jones v. Missouri-Edison Electric Co.Court of Appeals for the Eighth Circuit · 1906
- Williams v. CrabbCourt of Appeals for the Seventh Circuit · 1902
- Westinghouse Air Brake Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1905
- Mutual Life Ins. Co. v. ThompsonDistrict Court, W.D. Virginia · 1928
- McMullen Lumber Co. v. StrotherCourt of Appeals for the Eighth Circuit · 1905
13 more not listed; retrieve them via the Exa API.