Barr v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court hi the first judicial department, entered upon an order made January 16, 1889, which affirmed a judgment in favor of defendant entered upon a“ decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court hi the first judicial department, entered upon an order made January 16, 1889, which affirmed a judgment in favor of defendant entered upon a“ decision of the court on trial at Special Term. The plaintiffs, as stockholders of the Suspension Bridge and Erie Junction Bailroad Company, have brought this action against that company, the Hew York, Lake Erie and Western Bailroad Company, and Hugh J. Jewett, as receiver of the Erie Bailway Company, as defendants, to compel the payment of certain rental moneys, which were payable according…
1Opinion of the CourtGray, J.
There is no conflict of evidence, nor any dispute about the facts, which I have stated above. The plaintiffs’ appeal questions the correctness of the legal conclusion which, lias been deduced from these facts. In reviewing that conclusion, we should not lose sight of what the action Avas intended to accomplish, and that Avas, simply stated, to compel the Xbav York, Lake Erie and Western Railroad Company to pay, for the use and operation of the railroad and property of the Suspension Bridge and Erie Junction Railroad Conqiany, the consideration, or rental -moneys, secured to be paid by the…
2Cases cited8 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
- Robinson v. SmithNew York Court of Chancery · 1831
- Wardell v. Railroad Co.Supreme Court of the United States · 1881
- Munson v. Syracuse, Geneva & Corning R. R. Co.New York Court of Appeals · 1886
- Thomas v. Brownville, Fort Kearney, & Pacific RailroadSupreme Court of the United States · 1883
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- Ripley v. International Railways of Central AmericaNew York Court of Appeals · 1960
- Yale Gas Stove Co. v. WilcoxSupreme Court of Connecticut · 1894
- Warren v. Para Rubber Shoe Co.Massachusetts Supreme Judicial Court · 1896
- New York Trust Co. v. American Realty Co.New York Court of Appeals · 1926
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