Selma, Marion & Memphis Railroad v. Anderson
Mississippi Supreme Court
Error to the Circuit Court of Marshall County. Hon. Orlando Davis, Judge. The facts of the case and the instructions of the court commented upon, are sufficiently set out in the opinion of the court. 1. That the defendant, in subscribing to the capital stock of the plaintiff in error, must look alone to the charter, and in making the subscription, is governed by the terms of the charter.
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Error to the Circuit Court of Marshall County. Hon. Orlando Davis, Judge. The facts of the case and the instructions of the court commented upon, are sufficiently set out in the opinion of the court. 1. That the defendant, in subscribing to the capital stock of the plaintiff in error, must look alone to the charter, and in making the subscription, is governed by the terms of the charter. And subscribers are presumed to know the provisions of the charter under which the subscription is taken. Wight v. Shelby R. R. Co., 16 B. Monr., 4; Irvin v. Turnpike Co., 2 Penn., 466; Thigpen v. Mississippi…
1Opinion of the CourtChalmers, J.
This is a suit brought by the railroad corporation against defendant, to recover a subscription to the capital stock of the former by the latter. There was verdict and judgment in the court below for defendant. The errors assigned are the admission of certain testimony and the giving of two charges. The testimony admitted and excepted to was made by defendant in proper person, to the effect that he had been induced to subscribe to the enterprise by the false and fraudulent representations of N. B. Forrest, the president of the corporation, who stated that “ he had sufficient means in hand or…
2Cases cited4 opinions
- Short v. StateIndiana Supreme Court · 1878
- Wight v. Shelby RailroadCourt of Appeals of Kentucky · 1855
- Ellison v. Mobile & Ohio RailroadMississippi Supreme Court · 1858
- Wert v. Crawfordsville & Alamo Turnpike Co.Indiana Supreme Court · 1862
3Cited by12 opinions
- Tapia v. DemartiniCalifornia Supreme Court · 1888
- United States v. City of BrookhavenCourt of Appeals for the Fifth Circuit · 1943
- Runge v. BrownNebraska Supreme Court · 1888
- Marengo Abstract Co. v. Hooper & Co.Supreme Court of Alabama · 1911
- Guynn v. ShultersMississippi Supreme Court · 1955
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