McComb v. Frink
Supreme Court of the United States
-APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF DELAWARE. On June 30, 1868, the Southern Railroad Association," an-unincorporated association, was organized by certain parties for the purpose of leasing and operating the Mississippi Central Railroad, bf which Henry S. McComb had previously-obtained a lease for himself and' his associates.
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-APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF DELAWARE. On June 30, 1868, the Southern Railroad Association," an-unincorporated association, was organized by certain parties for the purpose of leasing and operating the Mississippi Central Railroad, bf which Henry S. McComb had previously-obtained a lease for himself and' his associates. The capital, of this association was $1,500,000, of which Henry S. McComb subscribed $415,000 personally, and also $60,000 as trustee; Josiah Bardwell, $100,000; the balance being taken by ten associates. • On January 14, 1869, this…
1Opinion of the CourtJustice Brewer
That some kind of a trust was created by this declaration of McComb appears on the face of the paper itself, and from its language, taken in connection with the correspondence which induced and accompanied it, it- is also clear that it was an absolute, unqualified, unconditional trust which was declared by McComb. "Whatever of doubt might from the mere • language of the declaration arise as to whether this trust was limited or qualified by some arrangement with Josiah Bard-well, and whatever suggestiveness there might be in such language, of a foundation for the claim now put forward, that…
2Cases cited1 opinion
- Cromwell v. County of SacSupreme Court of the United States · 1877
3Cited by7 opinions
- Anderson v. BeanMassachusetts Supreme Judicial Court · 1930
- David Bradley Manuf'g Co. v. Eagle Manuf'g Co.Court of Appeals for the Seventh Circuit · 1893
- Donnell v. Amoskeag Mfg. Co.Court of Appeals for the First Circuit · 1902
- Jefferson National Bank of Miami Beach v. Central National Bank in ChicagoCourt of Appeals for the Seventh Circuit · 1983
- Brown v. United StatesCourt of Customs and Patent Appeals · 1916
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