Legal Opinion

New Haven & Derby Railroad v. Chapman

Supreme Court of Connecticut

Decided February 15, 1871PublishedCited by 12 opinions

Assumpsit to recover for subscriptions to tbe capital stock of tbe plaintiffs, brought to the Court of Common Pleas in New Haven county. On the trial to the court on 'the general issue with notice, the court, (Bronson, Ji,) found the following facts, and reserved the cases for the advice of this court. The two cases involved the same principle, and were argued together.

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Assumpsit to recover for subscriptions to tbe capital stock of tbe plaintiffs, brought to the Court of Common Pleas in New Haven county. On the trial to the court on 'the general issue with notice, the court, (Bronson, Ji,) found the following facts, and reserved the cases for the advice of this court. The two cases involved the same principle, and were argued together. The plaintiffs were incorporated by the legislature of the state of Connecticut, at its May session, A. D. 1864, with the powers embraced in their charter. (Priv. Acts of 1864,188, 189,190, 191.) Upon the. petition of the city…

1Opinion of the CourtCarpenter, J.

The plaintiffs were incorporated with a capital of $500,000, with power to call a meeting of the stockholders to choose directors and perfect the organization of the company, whenever the sum of $100,000 should be subscribed to the capital stock. The sum of' $216,700 was subscribed, when the first meeting of the stockholders was held, and directors chosen. Subsequently the city of New Haven having received authority so to do, subscribed the sum of $200,000 more. No other subscriptions were ever made, leaving the sum of $83,300 unsubscilbed for. • The directors thereupon proceeded to call in…

2Cases cited2 opinions

  1. Schenectady and Saratoga Plank Road Co. v. . ThatcherNew York Court of Appeals · 1854
  2. Troy & Rutland Railroad v. KerrNew York Supreme Court · 1854

3Cited by12 opinions

  1. Perkins v. CoffinSupreme Court of Connecticut · 1911
  2. Hinckley v. Schwarzschild & Sulzberger Co.Appellate Division of the Supreme Court of the State of New York · 1905
  3. Town of Southington v. Southington Water Co.Supreme Court of Connecticut · 1908
  4. Johnson v. LamprechtOhio Supreme Court · 1938
  5. Mower v. StaplesSupreme Court of Minnesota · 1884

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