Kennebec & Portland Railroad v. Portland & Kennebec Railroad
Supreme Judicial Court of Maine
Bill in equity against the Portland & Kennebec Railroad Company, John Patten and Marshal S. Hagar, trustees, Richard D. Rice, George P. Patten, William D. Sewall, Darius Alden, N. M. Whitmore, Geo. F. Shepley, J. B. Brown, and Horatio N. Jose. Case heard on bill, answer and proofs.
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Bill in equity against the Portland & Kennebec Railroad Company, John Patten and Marshal S. Hagar, trustees, Richard D. Rice, George P. Patten, William D. Sewall, Darius Alden, N. M. Whitmore, Geo. F. Shepley, J. B. Brown, and Horatio N. Jose. Case heard on bill, answer and proofs. The bill alleges, substantially, that in 1850, the plaintiff corporation was a legal corporation, owning and possessing a railroad extending from Augusta, through Brunswick and Yarmouth, to Portland, thence to a junction with the Portland, Saco & Portsmouth Railroad, at Cape -Elizabeth, with a branch from Brunswick…
1Dissent
The following dissenting opinion was drawn by
Tapley, J.
The complainants in this bill being an existing corporation, duly chartered and organized under the laws of this State, on the 15th day of October, 1852, made a mortgage to certain *58persons named as trustees, and for purposes indicated in the mortgage. The description in the mortgage is of “ all their corporate property, real and personal, and the franchise of said company,” “ and the right of way.”
On the 18th day of May, 1859, the said trustees, claiming there had been a breach of the conditions of this mortgage, gave' notice that they…
2Cases cited6 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Dash v. Van KleeckNew York Supreme Court · 1811
- Inhabitants of Somerset v. Inhabitants of DightonMassachusetts Supreme Judicial Court · 1815
- Whitman v. HapgoodMassachusetts Supreme Judicial Court · 1813
- Prince v. United StatesU.S. Circuit Court for the District of Massachusetts · 1814
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