Waterman v. Banks
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN _ DISTRICT OF CALIFORNIA. The court stated the case as follows : This appeal brings up for review a decree requiring R. W. Waterman, the priginal defendant, to convey, free from incumbrance, to Abbie L. Waterman, the' original plaintiff, and the widow and assignee- of J. S. Waterman, an undivided twenty-four one-hundredths of certain mining property in San Bernardino County, California, and, also, to pay to…
Read the full summary
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN _ DISTRICT OF CALIFORNIA. The court stated the case as follows : This appeal brings up for review a decree requiring R. W. Waterman, the priginal defendant, to convey, free from incumbrance, to Abbie L. Waterman, the' original plaintiff, and the widow and assignee- of J. S. Waterman, an undivided twenty-four one-hundredths of certain mining property in San Bernardino County, California, and, also, to pay to her the sum of $42,987.22, which was adjudged to be the amount of profits derived from that property, with the interest…
1Opinion of the CourtJustice Harlan
We cannot assent to the view taken by the court below. The bill alleges — and the evidence fully sustains the allegation — that when the writing in question was given, the title to this property was in dispute, and that its development and improvement involved the expenditure of large sums, great risk of the total loss Of everything invested in it and uncertainty of profit. Under these circumstances, J. S. Waterman, according to the decided preponderance of the evidence, did hot wish to become a part owner of the property or to incur the responsibility of developing and managing it in…
2Cases cited2 opinions
- Taylor v. LongworthSupreme Court of the United States · 1840
- Hepburn and Dundas's Heirs v. Dunlop & Co.Supreme Court of the United States · 1816
3Cited by96 opinions
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- Brown v. WilsonSupreme Court of Oklahoma · 1916
- Skookum Oil Co. v. ThomasCalifornia Supreme Court · 1912
- Lacquement v. HandyCourt of Appeals of Texas · 1994
- Adams v. HughesCourt of Appeals of Texas · 1911
91 more not listed; retrieve them via the Exa API.