Tabor & Northern Railway Co. v. McCormick
Supreme Court of Iowa
Appeal from Fremont District Court. — Hon. N. W. ‘ Macy, Judge. Action in two counts to recover on two written subscriptions made by the defendant to the capital stock of said company, “to be paid when railroad is ■completed and cars running from Tabor to Malvern, Iowa.” Plaintiff alleges, compliance with, said condition, that defendant refuses to pay, and makes profert of the certificates of stock, and .asks to recover.
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Appeal from Fremont District Court. — Hon. N. W. ‘ Macy, Judge. Action in two counts to recover on two written subscriptions made by the defendant to the capital stock of said company, “to be paid when railroad is ■completed and cars running from Tabor to Malvern, Iowa.” Plaintiff alleges, compliance with, said condition, that defendant refuses to pay, and makes profert of the certificates of stock, and .asks to recover. Defendant answers that it is provided in plaintiff’s articles of incorporation that the road should he built “from within the corporate limits of Tabor, Fremont county,…
1Opinion of the CourtGtten, J.
I. The following facts are unquestioned: The articles under which plaintiff is incorporated show that it was incorporated “to construct a railroad from within the corporate limits of Tabor, Fremont county, Iowa, to either Hillsdale, Malvern, or. Crien wood.” Defendant’s subscriptions are conditioned “to be paid when the railroad is completed and cars running from Tabor to Malvern.” The north line of the town of Tabor, as originally incorporated, was on the county line between Fremont and Mills counties. The plaintiff completed, and has since continuously operated, its road from a point in…
2Cases cited1 opinion
- Tabor & Northern Railway Co. v. DysonSupreme Court of Iowa · 1892
3Cited by1 opinion
- DeGoey v. Van WykSupreme Court of Iowa · 1896