Eastern Plank Road Co. v. Vaughan
New York Supreme Court
THIS action was brought to recover an alleged subscription to the capital stock of the plaintiffs’ corporation. The cause was tried'in 1853, and judgment rendered for the plaintiffs for the full amount claimed.
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THIS action was brought to recover an alleged subscription to the capital stock of the plaintiffs’ corporation. The cause was tried'in 1853, and judgment rendered for the plaintiffs for the full amount claimed. In January, 1850, the defendant and certain other persons subscribed the following paper: “We, the subscribers, for value received, promise to pay John H. Boyd and Isaac Wood, $100, for each share by us subscribed and set opposite our respective names, for. the purpose of building & plank road from the Whitehall and Granville Turnpike to the road running north and south past the…
1Opinion of the Court
By the Court, James, J.
The defendant insists that the judgment entered in this action is erroneous, and that the same should be set aside and a new trial granted. 1st. Because the plaintiffs did not prove themselves a corporation; 2d. Because the alleged subscription was void; 3d. Because the alleged subscription was never legally transferred; 4th. Because there was never any valid call for the subscription; and, 5th. Because the complaint is on an absolute subscription for stock, while the contract shows an executory agreement to take stock.
To establish the plaintiffs’ incorporation the…
2Cases cited12 opinions
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- President of the Goshen & Minisink Turnpike Road v. HurtinNew York Supreme Court · 1812
- Potter v. DeyoNew York Supreme Court · 1838
- United States Bank v. StearnsNew York Supreme Court · 1836
- Northern Railroad v. MillerNew York Supreme Court · 1851
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Business Men's Ass'n v. WilliamsMissouri Court of Appeals · 1909
- Erie & New York City Rail Road v. OwenNew York Supreme Court · 1860
- Walker v. OgdenU.S. Circuit Court for the Northern District of Illnois · 1859