Cox v. Terre Haute & I. R. Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the District of Indiana. On June 4, 1889, the Terre Haute & Indianapolis Railroad Company (hereinafter called the Terre Haute Company), which then owned and operated a line of railway from Indianapolis, Ind., westerly to the state line, and also, under leases, operated the lines of certain other railway companies, entered into a contract of lease with the Indiana & Lake Michigan Railway Company (hereinafter called the…
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Appeal from the Circuit Court of the United States for the District of Indiana. On June 4, 1889, the Terre Haute & Indianapolis Railroad Company (hereinafter called the Terre Haute Company), which then owned and operated a line of railway from Indianapolis, Ind., westerly to the state line, and also, under leases, operated the lines of certain other railway companies, entered into a contract of lease with the Indiana & Lake Michigan Railway Company (hereinafter called the Lake Michigan Company), a consolidated corporation of Indiana and Michigan organized in 1889, to construct and operate a…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). The agreement or lease was ultra vires the Terre Haute Company, was contrary to the public policy of the state of Indiana, and was void. Central Trust Company v. Indiana & Lake Michigan Railroad Company, 39 C. C. A. 220, 98 Fed. 666; Central Transportation Company v. Pullman’s Palace Car Company, 139 U. S. 24, 11 Sup. Ct. 478, 35 L. Ed. 55. Therefore no court should lend its assistance in any way to carry out the terms of this illegal contract, or to enforce any claimed rights directly springing therefrom. Pullman’s Palace Car Company v. Central…
2Cases cited8 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- McMullen v. HoffmanSupreme Court of the United States · 1899
- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- Gilbert v. American Surety Co.Court of Appeals for the Seventh Circuit · 1902
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