Cincinnati, S. & C. R. Co. v. Bensley
Court of Appeals for the Sixth Circuit
In Error to the Circuit' Court of the United States for the Northern District of Ohio. Action by John R. Bensley against the Cincinnati, Sandusky & Cleveland Railroad Company. Verdict and judgment for plaintiff. ’ Defendant brings error.
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In Error to the Circuit' Court of the United States for the Northern District of Ohio. Action by John R. Bensley against the Cincinnati, Sandusky & Cleveland Railroad Company. Verdict and judgment for plaintiff. ’ Defendant brings error. Statement by Brown, Circuit Justice. .This was an action to recover the amount of a certain subscription made by the defendant railroad company towards the purchase of a lot of land in Chicago, upon which the board of trade of that city proposed to erect a building for the transaction of its business. The facts of the case were substantially as follows: In…
1Opinion of the Court
Brown, Circuit Justice,
(after stating the facts.) There are two questions involved in this case: (1) Whether an action will lie upon the express contract of the defendant company to contribute to the purchase price of the lot. (2) Whether, in case such action will not lie, the circumstances raise an implied obligatión on the part of the defendant to make a contribution proportioned to the benefit received by it from the location of the board of trade upon such lot. There was a further question raised and passed upon by the circuit court as to the power of the defendant to bind itself to make…
2Cases cited15 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Wallace v. LongIndiana Supreme Court · 1886
- Waterman v. BanksSupreme Court of the United States · 1892
- Ellis v. CaryWisconsin Supreme Court · 1889
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3Cited by7 opinions
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- West Virginia & P. R. v. Harrison County CourtWest Virginia Supreme Court · 1899
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