Legal Opinion

Connecticut & Passumpsic Rivers Railroad v. Baxter

Supreme Court of Vermont

Decided February 15, 1860PublishedCited by 11 opinions

Assumpsit upon tlie defendant’s subscription for twenty shares of the capital stock of the plaintiffs’ company. Plea, the general issue and trial by jury, at the May Term, 1859, — Redeield, Ch. J., presiding. On trial, the plaintiffs introduced in evidence their subscription book, showing that the defendant on the 24th of March, 1853, subscribed for twenty shares of the capital stock, and at the same time subscribed the following contract.

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Assumpsit upon tlie defendant’s subscription for twenty shares of the capital stock of the plaintiffs’ company. Plea, the general issue and trial by jury, at the May Term, 1859, — Redeield, Ch. J., presiding. On trial, the plaintiffs introduced in evidence their subscription book, showing that the defendant on the 24th of March, 1853, subscribed for twenty shares of the capital stock, and at the same time subscribed the following contract. “Whereas, the Connecticut and Passumpsic Rivers Railroad Company propose to extend said Railroad from St. Johnsbury, via Barton, to Derby, if means can be…

1Opinion of the CourtPiekpoint, J.

This action is brought upon a contract entered into by the defendant with, the plaintiffs, by which he subscribed and agreed to pay for, twenty shares of the capital stock of the plaintiffs’ company. The contract contains the following condition : “ Provided that the undersigned shall not be obliged to pay any part of our subscriptions, until'jthe whole road from St. Johnsbury, via Barton, to Derby Line, shall be put under contract for grading.”

It is insisted on the part of the plaintiffs, that this is not a condition requiring a contract for the grading of this road over, or terminating at,…

2Cases cited1 opinion

  1. Town of Northfield v. Town of PlymouthSupreme Court of Vermont · 1848

3Cited by11 opinions

  1. Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
  2. Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
  3. Rio Grande Southern Railroad v. CampbellSupreme Court of Colorado · 1908
  4. State v. HopkinsSupreme Court of Vermont · 1877
  5. State v. MeaderSupreme Court of Vermont · 1881

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