Dunham v. Isett
Supreme Court of Iowa
Appeal from Muscatine District Court. Complainant, by his bill, represents that on or about the first days of July, 1855 and 1856, “ The Mississippi & Missouri River Railroad Company, a corporation created under the laws of this State, was largely indebted, and desired to raise money to aid in constructing and equipping a railroad; that for the purpose of raising means they issued bonds to the amount of near four millions of dollars, and to secure the same, executed to…
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Appeal from Muscatine District Court. Complainant, by his bill, represents that on or about the first days of July, 1855 and 1856, “ The Mississippi & Missouri River Railroad Company, a corporation created under the laws of this State, was largely indebted, and desired to raise money to aid in constructing and equipping a railroad; that for the purpose of raising means they issued bonds to the amount of near four millions of dollars, and to secure the same, executed to complainant, as trustee, certain mortgages or trust deeds, on the following property; the said railroad constructed and to be…
1Opinion of the CourtWright, J.
The motion to dissolve the injunction was based upon two general grounds: 1. That there is no equity in the bill: 2. That the Company had no authority to make the trust deeds. Hnder these general propositions appellant’s counsel has presented several questions for our consideration, which will be briefly noticed:
1. It is claimed that it does not appear that the bonds attempted to be secured by the deeds of trust, have been sold or hypothecated. The bill avers that the Company was desirous to obtain large sums of money for the purpose of constructing, &c., a certain Railroad then in the course…
2Cases cited6 opinions
- Pennock v. CoeSupreme Court of the United States · 1860
- Gordon v. PrestonSupreme Court of Pennsylvania · 1833
- Susquehanna Bridge & Bank Co. v. General InsuranceCourt of Appeals of Maryland · 1852
- Jackson ex dem. People v. BrownNew York Supreme Court · 1830
- Jessup v. BridgeSupreme Court of Iowa · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Scharfenburg v. BishopSupreme Court of Iowa · 1872
- Traer v. Lucas Prospecting Co.Supreme Court of Iowa · 1904
- Sandwich Manufacturing Co. v. RobinsonSupreme Court of Iowa · 1891
- Mississippi Valley & Western Ry. Co. v. United States Express Co.Illinois Supreme Court · 1876
- Consolidated Tank Line Co. v. Collier, Robertson & HambletonIllinois Supreme Court · 1893
3 more not listed; retrieve them via the Exa API.