Solner

Alaska & Chicago Commercial Co. v. Solner

Good Law
123 F. 855·2 Alaska Fed. 164·59 C.C.A. 662·1903 U.S. App. LEXIS 4036
United States Court of Appeals for the Ninth CircuitJune 6, 1903No. 922California3,600 words

Opinion

Lead Opinion

Hawley, J.

This is a suit in equity to set aside and cancel certain conveyances of real estate situate in Nome, Alaska, which were executed by William J. Bauerle, and delivered to appellee, and to recover damages for $15,000. Did the court err in dismissing the bill and rendering judgment for the defendant ? What are the facts ?

Appellant is a corporation organized and existing under and by virtue of the laws of Illinois, and engaged in the merchandise business at Nome, Alaska. It owned two lots, with buildings thereon, in which it had a stock of merchandise and groceries. The value of the real estate is alleged to be $10,000, and of the stock of merchandise $15,000. In the answer it is alleged that the real estate is of the value of only $4,00Q, and the merchandise of the value of $4,000, and no more. The question as to the value of the property need not be discussed. It is proper, however, to say that there was 'as much testimony offered upon this point to sustain the averments in the answer as there was to sustain the averments in the complaint.

From the record it appears that on March 17, 1901, a meeting of the board of directors of appellant was held, and the following resolution…

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