Henderson v. Railroad
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. Thomas H. DuVal. This was a suit, commenced Oct. 21st, 1854, by H. G. Henderson, appellant, against the San Antonio and Mexican Gulf Railroad Company, appellees, to cancel two deeds, executed by the appellant to Enoch Jones, in trust for the appellee, and also to cancel two deeds executed by Jones to the appellee by virtue of said deeds of trust.
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Appeal from Guadalupe. Tried below before the Hon. Thomas H. DuVal. This was a suit, commenced Oct. 21st, 1854, by H. G. Henderson, appellant, against the San Antonio and Mexican Gulf Railroad Company, appellees, to cancel two deeds, executed by the appellant to Enoch Jones, in trust for the appellee, and also to cancel two deeds executed by Jones to the appellee by virtue of said deeds of trust. One of the deeds from the appellant to Jones, for 140 acres of land, was dated September 4th, 1852 and contained the following condition : “ When the said San Antonio and Mexican Gulf Railroad “…
1Opinion of the CourtWheeler, J.
The argument for the appellee questions the right of the plaintiff to maintain the action. He is a stockholder, it is said, and as such cannot sue the Company in a suit of this character. If the position were correct, it would result in the affirmance of the judgment, whatever errors may have been committed upon the trial. But the law is otherwise. A private corporation may be sued by one of its own members. This principle is established by numerous decisions, both in the English and American Courts. (5 Adol. and Ell. R. 866; 3 B. and Adol. R. 125 ; 2 Bay, 109; 3 Met, 44 ; 4 H. and Johns.…
2Cited by82 opinions
- Chicago, Texas & Mexican Central Railway Co. v. TitteringtonTexas Supreme Court · 1892
- King v. WiseTexas Commission of Appeals · 1926
- Bigham v. BighamTexas Supreme Court · 1882
- Shaw v. Tyler Bank & Trust CompanyCourt of Appeals of Texas · 1955
- Carr v. Hunt, Texas Court of Appeals, 5th District (Dallas)1983
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