Eppes v. Mississippi, Gainesville, & Tuskaloosa Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before tbe Hon. Wm. S. Mudd. The amended complaint in this case was as follows : : The Mississippi, Gainesville a Tbe plaintiff, a corporation created by the legislature of Alabama, claims of tbe defendant and Tuskaloosa Railroad Co. vs. Richard J. Eppes. the sum of two thousand dollars, with interest thereon as hereinafter stated, due from the defendaut to the plaintiff’ on an agreement in writing signed by tbe defendant, by…
Read the full summary
Appeal from the Circuit Court of Sumter. Tried before tbe Hon. Wm. S. Mudd. The amended complaint in this case was as follows : : The Mississippi, Gainesville a Tbe plaintiff, a corporation created by the legislature of Alabama, claims of tbe defendant and Tuskaloosa Railroad Co. vs. Richard J. Eppes. the sum of two thousand dollars, with interest thereon as hereinafter stated, due from the defendaut to the plaintiff’ on an agreement in writing signed by tbe defendant, by which the defendant subscribed for and promised to pay for twenty shares, of one hundred dollars each, in the capital…
1Opinion of the CourtA. J. Walker, C. J.
The defendant’s contract must be construed as importing a promise to pay two thousand dollars, upon assessment and call, to the capital stock of the plaintiff’, with the privilege of discharging it by taking and executing a contract for the making of the road bed, and preparation of it for the iron, (bridging excepted,) which contract might be taken at public letting, or, if not bid off' at public letting, might be taken at private letting, to such extent as might be necessary to make up the amount, at the engineer’s estimate. The contract also contains a stipulation on the part of the…
2Cases cited15 opinions
- Dutchess Cotton Manufactory v. DavisNew York Supreme Court · 1817
- Duke v. Cahawba Navigation Co.Supreme Court of Alabama · 1846
- Selma & Tennessee Rail Road v. TiptonSupreme Court of Alabama · 1843
- John v. Farmers & Mechanics' BankIndiana Supreme Court · 1830
- Montgomery Rail Road v. HurstSupreme Court of Alabama · 1846
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Casey v. GalliSupreme Court of the United States · 1877
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Saffold v. Wade'sSupreme Court of Alabama · 1874
- Lewis v. ClarendonU.S. Circuit Court for the District of Eastern Arkansas · 1878
- Broad Street Hotel Co. v. Weaver's AdministratorSupreme Court of Alabama · 1876
3 more not listed; retrieve them via the Exa API.