Legal Opinion

Old Dominion Copper Mining & Smelting Co. v. Lewisohn

Supreme Court of the United States

Decided May 18, 1908No. 206PublishedCited by 100 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts are stated in the opinion.

1Opinion of the CourtJustice Holmes

This is a bill in equity brought by the petitioner to rescind a sale to it of certain mining rights and land by the defendants’ testator, or in the alternative to recover damages for the sale. The bill was demurred to and the demurrer was sustained. 136 Fed. Rep. 915. Then the bill was amended and again demurred to, and again the demurrer was sustained, and the bill was dismissed. This decree was affirmed by the Circuit Court of Appeals. 148 Fed. Rep. 1020; 79 C. C. A. 534. The ground of the petitioner’s case is that Lewisohn, the deceased, and one Bigelow, as promoters, formed the petitioner…

2Cases cited4 opinions

  1. Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
  2. Donnell v. Herring-Hall-Marvin Safe Co.Supreme Court of the United States · 1908
  3. Blum v. . WhitneyNew York Court of Appeals · 1906
  4. Tompkins v. Sperry, Jones & Co.Court of Appeals of Maryland · 1903

3Cited by100 opinions

  1. Caplin v. Marine Midland Grace Trust Co. of New YorkSupreme Court of the United States · 1972
  2. Bigelow v. Old Dominion Copper Mining & Smelting Co.Supreme Court of the United States · 1912
  3. Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
  4. Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
  5. McCandless v. FurlaudSupreme Court of the United States · 1935

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