Conine v. Junction & Breakwater Railroad
Supreme Court of Delaware
This was an action of assumpsit by William C. Oonine against The Junction and Breakwater Railroad Company in the Superior Court in and for Hew Castle County, and came up on a case stated and the following facts and the question of law thereupon reserved by consent of counsel, for a hearing before all the Judges in this Court, and was heard before Bates, Chancellor, Gilpin, Chief Justice, and Wootten and Wales, Justices, Houston, Justice, not sitting, being a stockholder,…
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This was an action of assumpsit by William C. Oonine against The Junction and Breakwater Railroad Company in the Superior Court in and for Hew Castle County, and came up on a case stated and the following facts and the question of law thereupon reserved by consent of counsel, for a hearing before all the Judges in this Court, and was heard before Bates, Chancellor, Gilpin, Chief Justice, and Wootten and Wales, Justices, Houston, Justice, not sitting, being a stockholder, director and the President of the company. On the second day of July, 1860, the defendant, a corporation of the State,…
1Opinion of the Court
Gilpin, Chief Justice,
delivered the opinion of the Court, Considering the third ground of defence taken by the defendant as fatal to the plaintiff’s right to recover in this action, I do not propose to express any opinion on the question as to whether the draft, which is the subject of controversy, was or not, according to it- terms and meaning, made payable out of a particular fund, nor the other question as to the legal effect of the draft’s having been held by Stephen Broadbent, one of the acceptors as an indorsee. Much has been said and well said on this point, but for the reason just…
2Cases cited4 opinions
- Lovett v. Steam Saw Mill Ass'nNew York Court of Chancery · 1836
- Warren v. LynchNew York Supreme Court · 1810
- President of the Berks & Dauphin Turnpike Road v. MyersSupreme Court of Pennsylvania · 1820
- Reggio v. DaySupreme Judicial Court of Maine · 1853