Ballaine v. Alaska Northern Ry. Co.

Citations

• 5 Alaska 694

Syllabus

<p>1. Parties <&wkey;40(3)—INTERVENTION—United States.</p> <p>The defendant sold all its stock and property to the United States. Subsequently it brought a suit to establish a trust in certain other property claimed by the plaintiff. The suit was decided in favor of the plaintiff, who thereupon brought this suit for damages against the defendant, seeking to obtain a lien of judgment against the property so sold to the United States. The United States intervened in this action and pleaded the facts in bar to plaintiff’s demand. Held,, on demurrer by plaintiff, the United States had a right to intervene having a vital interest in the matter in litigation. A judgment against the railroad company would be in substance and effect against the United States, as it purchased the property which it is sought to hold by the lien of judgment.</p> <p><§=^See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>2. United States <&wkey;55—Engaging in Private Business.</p> <p>The United States purchased all the capital stock of the Alaska Northern Railway Company, and took charge of its property and continued its business. On a suit against the company, on demurrer, held, if the Alaska Northern Railway Company entered into commercial or transportation business, it might be deemed to have abandoned its sovereign capacity and be treated like any other corporation.</p> <p>3. United States &wkey;>5—Engaging in Private Business.</p> <p>When the United States enters into commercial business, it abandons its sovereign capacity and is to be treated like any other corporation (following Bank of United States v. Planters’ Bank, 9 Wheat. 904, 6 L. Ed. 244; Salas v. United States, 234 Fed. 842).</p> <p>4. Estoppel <&wkey;68(2)—Claim or Position in Previous Action.</p> <p>Where, in the sale of all its capital stock and property to the United States, the Alaska Northern Railway Company reserved its then accrued claim and right of action against the plaintiff, and afterward brough