Cook v. Sherman
United States Circuit Court
On Final Hearing. In 1868 B. F. Allen, Ebenezer Cook, who were directors of the Ghi-.cago, Bock Island & Pacific Railroad Company, and John F. Cook made a verbal contract to purchase grounds for the company upon which to locate its stations between De Sota, Iowa, and Council Bluffs, and also for the purchase of lands adjacent to such stations, a part of which was to be laid out into town lots.
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On Final Hearing. In 1868 B. F. Allen, Ebenezer Cook, who were directors of the Ghi-.cago, Bock Island & Pacific Railroad Company, and John F. Cook made a verbal contract to purchase grounds for the company upon which to locate its stations between De Sota, Iowa, and Council Bluffs, and also for the purchase of lands adjacent to such stations, a part of which was to be laid out into town lots. J. F. Tracy, the president of the company, and E. H. Johnson, the chief engineer, were to have an interest in the profits, though not named in the contract. In 1870 this agreement was reduced to…
1Opinion of the CourtMcCrary, J.
In these cases the two most important questions to be considered are, — First, is the contract declared upon contrary to *169public policy so that no relief can be based upon it ? and, second, if go, have the complainants made out a case for relief independently of the contract ?
It clearly appears that Allen and Ebenezer Cook, who were directors of the Chicago, Eock Island & Pacific Railroad Company, and J. F. Tracy, the president, and Edward IT. Johnson, the chief engineer, of that company, entered into an agreement into which John P. Cook was admitted as a party in interest, to purchase the…
Also in this document: Concurrence.
2Cases cited44 opinions
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- Hawes v. OaklandSupreme Court of the United States · 1882
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Grimes v. SandersSupreme Court of the United States · 1876
- Marshall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1854
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