United Mines Co. v. Hatcher

Decision Date01 March 1897
Docket Number847.
Citation79 F. 517
PartiesUNITED MINES CO. v. HATCHER.
CourtU.S. Court of Appeals — Eighth Circuit

This is a suit in equity to establish and enforce alleged statutory liens upon four mining lodes or claims owned by the appellant, and situate in Mineral county, Colo., on account of cordwood, timber, and other mining supplies sold and furnished between October 1, 1895, and January 13, 1896, by the appellee and other persons, for the working of the mine to the United Leasing Company, who, during that time, and prior thereto, had possession of said mining claims, which adjoined each other, and was working the same as a single mine. No question is made but that proper proceedings had been taken under the Colorado statute to perfect the liens and that the other lien claimants had, before the suit was begun, for value, sold and assigned to the appellee their accounts and claims for liens. The United Leasing Company was made defendant, but did not answer, and the judgment against that company was by default. The only question in the case is whether the liens attached to the title of the appellant as owner of the mine. The agreed statement of facts shows that the appellant was an Iowa corporation, organized in December 1893, when it acquired the title to this mine, and began to develop it, and that, after expending what moneys it could raise, and incurring an indebtedness to the amount of $15,000, or thereabouts, the directors, by authority of the stockholders, on April 1, 1895, executed an indenture of lease of said mine, including said four mining claims, to Robert H. Reid, for the term of five years from that date, in and by which the said Reid covenanted that he would at once pay all indebtedness of the appellant at that date, not exceeding $15,000, to be repaid the lessee out of royalties reserved; also that he would organize a leasing company giving to the stockholders of appellant the option to subscribe to the stock thereof before the same should be opened to the general public for subscription, and would assign such lease to the leasing company. The lease contained covenants respecting the development and working of the mine and reserved royalties to the lessor upon the ore obtained, and also had provisions respecting forfeiture and the determination of the lease. Such agreed statement further shows that on the same 1st day of April, 1895, the possession of said mining property passed under said lease to said Reid, who, on the same day, with other persons named, organized the United Leasing Company under the laws of the state of West Virginia, with a stock limited to $250,000, and that the agreement for such organization was received by the secretary of state of West Virginia on April 5, 1895, and the charter of incorporation thereunder was issued on the same day; that stock of said leasing company was then issued to the amount of $25,000, and was nearly all subscribed and paid for by stockholders of the appellant, as were likewise two later issues of such stock of $25,000 each; that said lease was assigned and transferred as of its date, but at a later time, by said Reid to said United Leasing Company, who entered upon the development and working of the mine, and expended about $75,000, and incurred the indebtedness for supplies for which the said liens are claimed, and ceased the operation of the mine on January 13, 1896. The agreed statement also shows that the United Leasing Company had its offices separate from...

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4 cases
  • MacFadden v. Jenkins
    • United States
    • United States State Supreme Court of North Dakota
    • 6 Marzo 1918
    ...... it. Central Trust Co. v. Bridges, 57 F. 753;. Richmond & Co. v. Co., 68 F. 105, 108; United. Mines Co. v. Hatcher, 79 F. 517; United States v. Refrigerator Co., 145 F. 1007; Halls Safe ......
  • Hatcher v. Hendrie & Bolthoff Mfg. & Supply Co.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 28 Octubre 1904
    ...133 F. 267 HATCHER v. HENDRIE & BOLTHOFF MFG. & SUPPLY CO. et al. No. 1,826.United States Court of Appeals, Eighth Circuit.October 28, 1904 [133 F. 268] . . This. was a suit, by Hatcher against the Hendrie & Bolthoff. ... court of Mineral county, Colo., against the United Leasing. Company and the United Mines Company, to recover from the. leasing company the purchase price of materials furnished to. it for the working of certain mining claims held by it ......
  • Henry Waterhouse Trust Co., Ltd. v. Home Ins. Co. of Hawaii, Ltd.
    • United States
    • Supreme Court of Hawai'i
    • 22 Octubre 1923
    ...of the appellant. The corporation would not only differ in organization, but in objects and functions." United Mines Co . v. Hatcher, 79 F. 517, 519. " If any general rule can be laid down in the present state of authority, it is that a corporation will be looked upon as a legal entity as a......
  • Providence Steam-Engine Co. v. Hathaway Mfg. Co.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • 9 Marzo 1897
    ...79 F. 512 PROVIDENCE STEAM-ENGINE CO. v. HATHAWAY MANUF'G CO. No. 780.United States Circuit Court, D. Massachusetts.March 9, 1897 . Williams. & Copeland, for ......

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