Dayton, Watervleit Valley & Xenia Turnpike Co. v. Coy
Ohio Supreme Court
ERROR to the court of common pleas of Greene county, reserved in the district court. This case comes to the court upon demurrer to the petition.
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ERROR to the court of common pleas of Greene county, reserved in the district court. This case comes to the court upon demurrer to the petition. The allegations of the petition are as follows: That certain (named) persons associated themselves together on the 25th of March, 1854, to form an incorporated company for the purpose of constructing the Dayton, Watervleit Yalley and Xenia Turnpike Road; that to induce them to perfect such organization and to obtain the construction of the road, and to procure to himself the stock, dividends, profits, etc., to acci ue to him from and by the said…
1Opinion of the CourtGholson, J.
The petition in this case seeks to recover a specific amount,, as a debt becoming due on the tender of the stock. It states that the stock was tendered, payment of the sum which, by the contract, was to be given for the stock demanded, and that the defendant refused to accept the stock and to pay the amount so demanded, and a judgment is therefore asked for that amount and interest.
Regarded as an action of debt — as an action to recovera cer tain sum — it is questionable whetherit could be maintained — . the contract being very clearly executory, and no title to the stock having passed, in…
2Cases cited7 opinions
- Bement v. SmithNew York Supreme Court · 1836
- Shannon v. ComstockNew York Supreme Court · 1839
- Tucker v. WoodsNew York Supreme Court · 1815
- Burnet v. BiscoNew York Supreme Court · 1809
- Keep v. GoodrichNew York Supreme Court · 1815
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Johnson v. Breckenridge-Stephens Title Co.Texas Commission of Appeals · 1924
- Hoffman v. MaffioliWisconsin Supreme Court · 1899
- Missouri, Kansas & Texas Railway Co. v. BagleySupreme Court of Kansas · 1899
- Johnson v. Southern Pac. Co.Court of Appeals for the Eighth Circuit · 1902
14 more not listed; retrieve them via the Exa API.