Ferguson v. Fisk
Supreme Court of Connecticut
Bill in equity, for an injunction against the further prosecution of an action at law by the defendant. The facts were specially found by the superior court.
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Bill in equity, for an injunction against the further prosecution of an action at law by the defendant. The facts were specially found by the superior court. In the year 1854, the petitioner was a member of an incorporated company, called the Willamette Falls Canal Milling and Transportation Company, organized in San Francisco, in California, for the purpose of owning and improving certain real estate situated on the Willamette river in Oregon, which had previously been owned by the petitioner and which he had conveyed to the company. After the organization of the company the petitioner went…
1Opinion of the CourtSanford, J.
It is manifest from the finding of the superior court, that the collection of the draft specified in the petitioner’s bill ought not to be enforced.
That draft was not drawn in payment of, or as security for, any debt, or in consideration of any money or property advanced by the payee, or received by the drawer; but as part of a loan of $15,000 to the Willamette Falls Canal Milling and Transportation Company, for which a mortgage was to be made upon the steamboat and all the other property of the company in Oregon. It was drawn and accepted in good faith, in expectation of the sale of the…
2Cases cited3 opinions
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- Peirsoll v. ElliottSupreme Court of the United States · 1832
- New-London Bank v. LeeSupreme Court of Connecticut · 1835
3Cited by9 opinions
- Dower v. ChurchWest Virginia Supreme Court · 1882
- Rees v. GorhamIdaho Supreme Court · 1917
- Damschroeder v. ThiasSupreme Court of Missouri · 1872
- Moss Mercantile Co. v. First Nat. BankOregon Supreme Court · 1905
- Buxton v. BroadwaySupreme Court of Connecticut · 1878
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