White Hall & Plattsburg R. R. v. Myers
New York Supreme Court
The White Hall & Plattsburg R. R. Co. sued Michael J. Myers in this court for the balance due on his subscription to the capital stock of the plaintiff’s corporation, made on the first organization of the company, in January, 1866. The articles of association set forth that the railroad should be constructed from the town of White Hall, in the county of Washington, to the village of Plattsburg, in the county of Clinton, and, further, that it should be constructed into and…
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The White Hall & Plattsburg R. R. Co. sued Michael J. Myers in this court for the balance due on his subscription to the capital stock of the plaintiff’s corporation, made on the first organization of the company, in January, 1866. The articles of association set forth that the railroad should be constructed from the town of White Hall, in the county of Washington, to the village of Plattsburg, in the county of Clinton, and, further, that it should be constructed into and through the county of Washington. The complaint alleged the subscription by the defendant to the articles of association,…
1Opinion of the Court
By the Court.*
Miller, P. J.
The answer of the defendant alleges that he signed the articles of *37association, and subscribed for the stock, upon an understanding and agreement with the subscribers, that certain conditions stated were to be performed, which were not fulfilled, and that the plaintiff made a change in the location and terminus of the road, with the intent to injure and wrong the defendant and others, residing at White Hall, who were induced to subscribe by the promise and agreement that the road should run to and terminate at the latter point.
The question presented upon these…
2Cases cited5 opinions
- Buffalo and N.Y. City R.R. Co. v. . DudleyNew York Court of Appeals · 1856
- Middlesex Turnpike Corp. v. LockeMassachusetts Supreme Judicial Court · 1811
- Poughkeepsie & Salt Point Plank Road Co. v. GriffinNew York Supreme Court · 1856
- Goings v. PattenNew York Court of Common Pleas · 1861
- Troy & Boston Railroad v. WarrenNew York Supreme Court · 1854