Nease v. Coal & Coke Ry. Co.
District Court, N.D. West Virginia
In Equity. Suit by David A. Nease against the Coal & Coke Railway Company and others. On the 25th day of November, 1899, Henry C. Jackson, Albert B. White, and Y. B. Archer were the owners of a majority of the stock of the Little Kanawha Railroad Company. H, was desired by them to obtain a loan whereby this road could be extended, and its outstanding obligations could be liquidated.
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In Equity. Suit by David A. Nease against the Coal & Coke Railway Company and others. On the 25th day of November, 1899, Henry C. Jackson, Albert B. White, and Y. B. Archer were the owners of a majority of the stock of the Little Kanawha Railroad Company. H, was desired by them to obtain a loan whereby this road could be extended, and its outstanding obligations could be liquidated. As a basis for such loan, they desired to obtain certain coal interests along the road's proposed extension, in Gilmer, Lewis, and Braxton counties, AY. Ara. Plaintiff desired to finance the construction of the…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). This controversy must depend primarily upon the construction to be given the contract of May 5, 1900. Two preliminary questions raised seem to me to be clearly determined.
First. That whatever rights thereunder vested in Nease, Kelsey, and Hadley are now owned by Nease. The interests of Hadley and Kélsey were originally only contingent ones derived from Nease. Hadley conceded this, and, by his own sworn answer filed in the injunction cause instituted by Kelsey, admitted he had not complied with the contingent requirements, and therefore disclaimed any…
2Cases cited6 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Hammond v. HopkinsSupreme Court of the United States · 1892
- Patterson v. HewittSupreme Court of the United States · 1904
- Felix v. PatrickSupreme Court of the United States · 1892
- Hayward v. National BankSupreme Court of the United States · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Richmond Engineering & Manufacturing Corp. v. LothSupreme Court of Virginia · 1923
- Aldrich v. AldrichAppellate Court of Illinois · 1931
- United States v. LewinDistrict Court, N.D. California · 1939