Union Pacific Railroad v. Credit Mobilier of America
Massachusetts Supreme Judicial Court
Bill in equity, filed April 10, 1876, to restrain the defendant, a corporation chartered by the State of Pennsylvania, from the prosecution of an action at law by the present defendant against the present plaintiff, and now pending in this court, upon an account stated between the two corporations on March 28, 1867, for the sum of $1,994,769.96; for the additional sum of $268,850.17, alleged to be due on September 11, 1868; and upon a promissory note for $2,000,000, given by…
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Bill in equity, filed April 10, 1876, to restrain the defendant, a corporation chartered by the State of Pennsylvania, from the prosecution of an action at law by the present defendant against the present plaintiff, and now pending in this court, upon an account stated between the two corporations on March 28, 1867, for the sum of $1,994,769.96; for the additional sum of $268,850.17, alleged to be due on September 11, 1868; and upon a promissory note for $2,000,000, given by the present plaintiff to the present defendant in partial settlement of said account, and dated August 4, 1869.…
1Opinion of the CourtC. Allen, J.
This case is submitted to us upon the pleadings and a report of the whole evidence taken; without any finding of facts by the judge before whom it was heard.
Upon the pleadings, the plaintiff’s case must depend upon the equity of its stockholders. It has, indeed, been suggested in argument, that the bill may be maintained on the equity of creditors. It appears incidentally in the course of the evidence that the government lent its security to the Union Pacific Railroad Company, to aid in the construction of the railroad; and that other indebtedness exists. But this is" no- substantive part of…
2Cited by15 opinions
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- Mulloney v. United StatesCourt of Appeals for the First Circuit · 1935
- Lydia E. Pinkham Medicine Co. v. GoveMassachusetts Supreme Judicial Court · 1939
- Winchell v. Plywood Corp.Massachusetts Supreme Judicial Court · 1949
- Kelley v. Newburyport & Amesbury Horse RailroadMassachusetts Supreme Judicial Court · 1886
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