Hill v. Railroad
Supreme Court of North Carolina
AotioN by W. E. Hill and others against the Atlantic and North Carolina Railroad Company and another, heard by Judge B. F. Long, at the February Term, 1906, of the Superior Court of CbaveN. This suit was brought by the plaintiffs to annul the lease of the Atlantic and North Carolina Railroad Company to the Howland Improvement Company, now the Atlantic and North Carolina Company, one of the defendants.
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AotioN by W. E. Hill and others against the Atlantic and North Carolina Railroad Company and another, heard by Judge B. F. Long, at the February Term, 1906, of the Superior Court of CbaveN. This suit was brought by the plaintiffs to annul the lease of the Atlantic and North Carolina Railroad Company to the Howland Improvement Company, now the Atlantic and North Carolina Company, one of the defendants. The action was commenced in the name of W. E. Hill in behalf of himself and all other stockholders of the Atlantic and North Carolina Railroad Company. C. E. Eoy and the Board of Commissioners…
1Dissent
ClaeK, 0. J.,
dissenting: Passing by the patent objections (1) that the so-called lease was made at a meeting irregularly called, due notice thereof not having been given as required by the charter, and held at a place not designated in the call; (2) that the deposit of bonds required by the lease to be made before the lease should become effective has not been made as stipulated, and (3) that freight rates have .already been increased in violation of the express provision that this should not be done, which was an indispensable agreement without which the lease would not have been made, we…
2Cases cited19 opinions
- Chisholm v. GeorgiaSupreme Court of the United States · 1793
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Chicago & Grand Trunk Railway Co. v. WellmanSupreme Court of the United States · 1892
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
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