Coney Island Co. v. McIntyre Paxton Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western Division of the Southern District of Ohio. Action at law by the Coney Island Company against the Mclntyre-Paxton Company. Judgment for defendant, and plaintiff brings error. The plaintiff in error owns and conducts an amusement park on the Ohio river near Cincinnati.
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In Error to the Circuit Court of the United States for the Western Division of the Southern District of Ohio. Action at law by the Coney Island Company against the Mclntyre-Paxton Company. Judgment for defendant, and plaintiff brings error. The plaintiff in error owns and conducts an amusement park on the Ohio river near Cincinnati. It brought this suit to recover possession of those portions of its premises on which stood certain amusement devices owned by defendant, including roller coaster and merry-go-round. The facts requiring present statement are these: For many years past plaintiff…
1Opinion of the CourtKnappen, Circuit Judge
(after stating the facts as above).
[1] 1. We find it unnecessary to consider the question of real or apparent authority in plaintiff’s president to make the contract. The agreement was not ultra vires the corporation. The latter has never attempted to repudiate it. On the contrary, it has received and retained substantial benefits under the contract, including the concession of plaintiff’s claimed ownership of one-half the stock, the payment of $2,000 as dividends accrued previous to February 7, 1906,’ and the receipt of annual dividends from the latter year until 1910. Moreover, the…
2Cases cited15 opinions
- McCormick v. SullivantSupreme Court of the United States · 1825
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. Keokuk & Hamilton Bridge Co.Supreme Court of the United States · 1889
- De Vaughn v. HutchinsonSupreme Court of the United States · 1897
- Reed v. Insurance Co.Supreme Court of the United States · 1877
- Gilmer v. StoneSupreme Court of the United States · 1887
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re Owl Drug Co.District Court, D. Nevada · 1935
- Lichty v. Model HomesWyoming Supreme Court · 1949
- Madison-Toledo Co. v. Paramount Pictures, Inc.Court of Appeals for the Second Circuit · 1936
- Parrott v. NoelDistrict Court, E.D. Virginia · 1925
- Ohio Valley Advertising Corp. v. LinzellOhio Court of Appeals · 1957
5 more not listed; retrieve them via the Exa API.