Adams Express Co. v. D. & R. G. Railway Co.
U.S. Circuit Court for the District of Colorado
This is a bill in equity instituted for the purgóse of establishing the right of the complainant, the Adams Express Company, to carry on the express business upon the, line of the railway of the respondent, and to enjoin the respondent from interfering with the exercise of that right. A preliminary injunction was granted.
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This is a bill in equity instituted for the purgóse of establishing the right of the complainant, the Adams Express Company, to carry on the express business upon the, line of the railway of the respondent, and to enjoin the respondent from interfering with the exercise of that right. A preliminary injunction was granted. Subsequently the complainant applied to the Court for leave to file a supplemental bill, and to bring in, as co-complainant, Wells, Fargo & Co., a corporation organized under the laws of the Territory of Colorado. This upon the ground that since the filing of the original…
1Opinion of the Court
McCrary, Circuit Judge.
We are to consider, first, the motion of complainant for leave to file a supplemental bill, and bring in Wells, Fargo & Co., as co-complainant; and, second, the motion of respondent to dismiss the bill on the ground that complainant has parted with all its interest in the subject matter of the suit.
In considering the first motion, counsel have discussed at length the question of the force and effect of the contract whereby it is claimed the complainant and Wells, Fargo & Co. have become jointly interested in carrying on the express business upon the line of respondent’s…
2Cases cited3 opinions
- Clarke v. MathewsonSupreme Court of the United States · 1838
- Morgan's Heirs v. MorganSupreme Court of the United States · 1817
- Dunn v. ClarkeSupreme Court of the United States · 1834
3Cited by5 opinions
- Roberts Min. & Mill. Co. v. SchraderCourt of Appeals for the Ninth Circuit · 1938
- Sternberger v. Continental Mines, Power & Reduction Co.District Court, D. Colorado · 1919
- Eleanor F. Mailloux v. Gordon E. Mailloux and Marianas Pacific, Inc., and Chase Manhattan Bank (National Association), South Acres Development Co., a Partnership v. Chase Manhattan Bank (National Association)Court of Appeals for the Ninth Circuit · 1977
- Individual Drinking Cup Co. v. Lily-Tulip Cup Corp.District Court, E.D. New York · 1936
- Mailloux v. MaillouxCourt of Appeals for the Ninth Circuit · 1977