Court : US Supreme Court
Decided on : Jan-01-1875
Sanger v. Upton - 91 U.S. 56 (1875) U.S. Supreme Court Sanger v. Upton, 91 U.S. 56 (1875) Sanger v. Upton 91 U.S. 56 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus 1. Where, in a district court of the United States, a corporation was adjudged a bankrupt, an assignee appointed, and an order made that the balance unpaid upon the stock held by the several stockholders should be paid to him by a certain day, that notice of the order should be given by publication in a newspaper or otherwise, and that in default of payment he should collect the amount due from each delinquent stockholder, and it appearing that he had given the notice required, and that the defendant below had failed to make payment pursuant to the order, held that the order was conclusive as to the right of the assignee to bring suit to enforce such payment. 2. The court pronouncing the decree of bankruptcy had jurisdiction and authority to make the order, and it w...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1875
Webster v. Upton - 91 U.S. 65 (1875) U.S. Supreme Court Webster v. Upton, 91 U.S. 65 (1875) Webster v. Upton 91 U.S. 65 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus 1. The doctrine announced in Upton v. Tribilcock, supra, that the original holders of the stock of a corporation are liable for the unpaid balances at the suit of its assignee in bankruptcy, without any express promise to pay, reaffirmed. 2. The transferee of stock is liable for calls made after he has been accepted by the company as a stockholder and his name registered on the stock books as a corporator, and being thus liable, there is an implied promise that he will pay calls made upon such stock while he continues its owner. 3. A purchase of stock is of itself authority to the vendor to make a legal transfer thereof to the vendee on the books of the company. The facts are stated in the opinion of the Court. MR. JUSTICE STRONG delivered the opinion of the C...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1875
New York Life Insurance Company v. Hendren - 92 U.S. 286 (1875) U.S. Supreme Court New York Life Insurance Company v. Hendren, 92 U.S. 286 (1875) New York Life Insurance Company v. Hendren 92 U.S. 286 ERROR TO THE SUPREME COURT OF APPEALS OF THE STATE OF VIRGINIA Syllabus This Court has no jurisdiction to reexamine the judgment of a state court in a case where the pleadings and the instructions asked for and refused present questions as to the effect, under the general public law, of a sectional civil war upon the contract which was the subject of the suit, and when it was not contended that that law, as applicable to the case, had been modified or suspended try the constitution, laws, treaties, or executive proclamations, of the United States. The plaintiff in error, a company incorporated under the laws of the state of New York, having its home office in New York City, issued its policy of insurance, bearing date Aug. 25, 1856, to Mrs. Hendren, the defendant in error, on th...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1875
Angle v. Northwestern Mutual Life Insurance Company - 92 U.S. 330 (1875) U.S. Supreme Court Angle v. Northwestern Mutual Life Insurance Company, 92 U.S. 330 (1875) Angle v. Northwestern Mutual Life Insurance Company 92 U.S. 330 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF IOWA Syllabus l. Where a party to a negotiable instrument entrusts it to another for use as such with blanks not filled, it carries on its face an implied authority to complete it by filling them, but not to vary or alter its material terms by erasing what is written or printed as a part thereof, nor to pervert its scope or meaning by filling the blanks with stipulations repugnant to what was plainly and clearly expressed in the instrument. 2. It is a principle of universal application that the material alteration of a written instrument renders it void. MR. JUSTICE CLIFFORD delivered the opinion of the Court. Persons dealing with an agent are entitled to the same protection as if...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1875
State Railroad Tax Cases - 92 U.S. 575 (1875) U.S. Supreme Court State Railroad Tax Cases, 92 U.S. 575 (1875) State Railroad Tax Cases 92 U.S. 575 APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus 1. while this Court does not lay down any absolute rule limiting the powers of a court of equity in restraining the collection of taxes, it declares that it is essential that every case be brought within some of the recognized rules of equity jurisdiction, and that neither illegality or irregularity in the proceedings, Page 92 U. S. 576 nor error or excess in the valuation, nor the hardship or injustice of the law, provided it be constitutional, nor any grievance which can be remedied by a suit at law, either before or after the payment of the tax, will authorize an injunction against its collection. 2. This rule is founded on the principle that the levy of taxes is a legislative, and not a judicial, function, and the court can neit...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1875
Humboldt Township v. Long - 92 U.S. 642 (1875) U.S. Supreme Court Humboldt Township v. Long, 92 U.S. 642 (1875) Humboldt Township v. Long 92 U.S. 642 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS Syllabus 1. The bonds in question in this suit were issued under the authority of the same act of the legislature as those mentioned in the preceding case. The doctrines there held are reaffirmed. 2. A bond of the tenor following, "Be it known that Humboldt Township, in the County of Allen and State of Kansas, is indebted to the Fort Scott & Allen County Railroad Company, or bearer, in the sum of $1,000, lawful money of the United States, with interest at the rate of seven percent per annum, payable annually on the first days of January in each year, at the banking house of Gilman, Son & Co., in the City of New York, on the presentation and surrender of the respective interest coupons hereto annexed. The principal of this bond shall be due and payable on...
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