Legal Opinion

Savings Ass'n of St. Louis v. O'Brien

New York Supreme Court

Decided January 11, 1889PublishedCited by 7 opinions

Appeal from special term, Steuben county. Action by the Savings Association of St. Louis against Edward W. O’Brien, administrator of John W. Coiiiogue, to enforce the personal liability of deceased as stockholder in the Illinois, Missouri & Texas Railroad Company.

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Appeal from special term, Steuben county. Action by the Savings Association of St. Louis against Edward W. O’Brien, administrator of John W. Coiiiogue, to enforce the personal liability of deceased as stockholder in the Illinois, Missouri & Texas Railroad Company. Defendant appeals from a judgment overruling his demurrer to the complaint, •which was upon the following grounds: (1) That the court has no jurisdiction of the subject of the action; (2) that the complaint does not state facts sufficient to constitute a cause of action; (3) that the complaint does not state facts sufficient to…

1Opinion of the CourtBarker, P. J.

The defendant’s intestate died in this state, the owner of' 250 shares of the par value of $100 each of the capital stock of the Illinois, Missouri & Texas Railroad Company, a corporation organized under the laws-of the state of Missouri. The plaintiff is a banking corporation organized under the laws of the same state, and authorized to maintain actions at law for-the purpose of collecting debts due it. The plaintiff, in an action prosecuted in the courts of the state of Missouri, recovered a judgment against the said railroad company for the sum of $33,973, upon which an execution against…

2Cases cited10 opinions

  1. Pollard v. BaileySupreme Court of the United States · 1874
  2. Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887
  3. Flash v. ConnSupreme Court of the United States · 1883
  4. Corning & Horner v. McCulloughNew York Court of Appeals · 1847
  5. Lowry v. . InmanNew York Court of Appeals · 1871

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3Cited by7 opinions

  1. Rothschild v. Rio Grande Western Railway Co.New York Supreme Court · 1890
  2. Wigton v. KenneyAppellate Division of the Supreme Court of the State of New York · 1900
  3. Audley v. TownsendNew York Supreme Court · 1905
  4. Barber Asphalt Paving Co. v. BrandNew York Supreme Court · 1889
  5. Hauser v. ThompsonMissouri Court of Appeals · 1894

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