Farrington v. Stucky

Citations

• 165 F. 325
• 91 C.C.A. 311
• 1908 U.S. App. LEXIS 4759

Syllabus

<p>1. Contracts (§ 123*) — Legality of Object — Location of Railroad.</p> <p>A voluntary contract by individuals for the payment to a railroad company of a bonus to secure the construction of its line on a particular route is not illegal or against public policy, even though the line is thereby deflected from its most natural and cheapest route.</p> <p>[Ed. Note. — For other eases, see Contracts, Cent. Dig. §§ 570-575: Dec. Dig. § 123.*]</p> <p>2. Trusts (§ 25*) — Instruments Creating Teusts —Form — Use of Word “Trustee.”</p> <p>When dealing with equitable considerations, the affixing of the term “trustee” to the name of the assignee of securities is to be given effect, and imports that he does not hold in his own personal right, but for the benefit of another.</p> <p>[Ed. Note. — For other eases, see Trusts, Cent. Dig. § 34; Dec. Dig. § 25.* For other definitions, see Words and Phrases, vol. 8, pp. 7128-7133, 7822.]</p> <p>3. Evidence (§ 437*) —Parol Evidence Affecting Writing — Invalidating Whitten Instrument.</p> <p>The rule which forbids the introduction of parol evidence to contradict, vary, or add to a written contract does not extend to evidence to show that the contract was made in furtherance of objects contrary to law or public policy.</p> <p>[Ed. Note. — For other cases, see Evidence, Cent. Dig. § 2027; Doc. Dig. § 437.*]</p> <p>4. Contracts (§ 123*) — Legality of Object — Location of Railroad Stations.</p> <p>An agreement by a railroad company not to establish or maintain a station _ between two given points is void as against public policy, and where it constitutes, in whole or in part, the consideration for contracts to pay a bonus to the company, such contracts are also void.</p> <p>[Ed. Note. — For other cases, see Contracts, Cent. Dig. 570-575; Dec. Dig. § 123.*</p> <p>Location and establishment of stations, see note to Willson v. Winchester & P. R. Co., 41 C. O. A. 219.]</p> <p>5. Cancellation of Instruments (§ 28*) — Right to Cancellation — Illega