Smith v. Chesapeake and Ohio Canal Company

ON appeal from the Circuit Court of the United States for the county of Alexandria, in the District of Columbia.

In the Circuit Court for Alexandria county, the appellant filed a bill to compel the Chesapeake and Ohio Canal Company, to pay to him a proportion of the amount of a judgment obtained for a prize drawn in a lottery authorized to be drawn by 'The Potomac Company,' the judgment having been assigned to the claimant to the amount for which the bill was filed. The Chesapeake and Ohio Canal Company, under the authority of their act of incorporation, and of acts passed by the Legislatures of the states of Virginia and Maryland, had become entitled to, and held all the property, rights, and privileges owned and possessed by the Potomac Company under their charters; and were subjected to the payment of certain debts due by the Potomac Company, according to the provisions of their charter, and the acts of Assembly referred to.

The whole case is fully stated in the opinion of the Court.

The case was argued by Mr. Semmes and Mr. Lee for the appellants; and by Mr. Key and Mr. Jones for the appellees.

Mr. Justice M'LEAN delivered the opinion of the Court.