Legal Opinion

McIntyre v. Ajax Mining Co.

Utah Supreme Court

Decided October 16, 1899PublishedCited by 20 opinions

Appeal from the Third District Court, Salt Lake County, Hon. Ogden Hiles, Judge. Action to recover a certain sum on an assigned claim alleged as preferred before certain other indebtedness. From a judgment for defendants, plaintiff appealed.

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Appeal from the Third District Court, Salt Lake County, Hon. Ogden Hiles, Judge. Action to recover a certain sum on an assigned claim alleged as preferred before certain other indebtedness. From a judgment for defendants, plaintiff appealed. While it is unquestionably true that pools and combinations between stockholders may be made for the purpose of electing a board of directors that will carry out a particular policy in the conduct of the affairs of the company and that such combination is legal, yet when there is such a combination, that combination is charged with the utmost good faith…

1Opinion of the CourtBaskin, J.

The plaintiff who is the appellant, in his complaint alleges, as a second cause of action that “on February 1st, 1895, one Frank Salisbury sold and conveyed to defendant an undivided half interest in the Champlain No. 2, and Fraction Mining claims, for the sum of $17,000, which sum defendant agreed to pay Salisbury. That on *328May 1st, 1895, for a valuable consideration, Salisbury sold and assigned his said claim for said amount to one H. M. Ryan; that on or about September 6th, 1895, Ryan, for a valuable consideration sold and transferred to plaintiff $6,010 of the said $17,000 claim, and…

2Cases cited8 opinions

  1. Parmelee v. . ThompsonNew York Court of Appeals · 1871
  2. Wittenbrock v. BellmerCalifornia Supreme Court · 1880
  3. Gibson v. IrbyTexas Supreme Court · 1856
  4. Palmer & Rey v. Marysville Democrat Publishing Co.California Supreme Court · 1891
  5. Frank v. Bullion Beck & Champion Mining Co.Utah Supreme Court · 1899

3 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Smalley v. Rio Grande Western Ry. Co.Utah Supreme Court · 1908
  2. Westerso v. City of WillistonNorth Dakota Supreme Court · 1950
  3. Combined Metals, Inc. v. BastianUtah Supreme Court · 1928
  4. Idaho Placer Mining Co. v. GreenIdaho Supreme Court · 1908
  5. In Re Bryan's EstateUtah Supreme Court · 1933

15 more not listed; retrieve them via the Exa API.

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