Witter v. Mississippi, Ouachita & Red River R. R.
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court. Hon. Len. B. Green, Circuit Judge. The instructions asked by the defendant, and refused, enunciate the principle, that where the line of a railroad is fixed in a charter, and a person subscribes for stock in the road, it is a contract that the road shall be fixed, located and constructed on the line or route thus designated, with only such deviations as shall be necessary in the progress of the work, and that a material and substantial…
Read the full summary
Appeal from Hempstead Circuit Court. Hon. Len. B. Green, Circuit Judge. The instructions asked by the defendant, and refused, enunciate the principle, that where the line of a railroad is fixed in a charter, and a person subscribes for stock in the road, it is a contract that the road shall be fixed, located and constructed on the line or route thus designated, with only such deviations as shall be necessary in the progress of the work, and that a material and substantial change in the location and line of the road, without the assent of the subscriber, is a violation of the contract on the…
1Opinion of the CourtChief Justice English
On the 30th, April, 1857, the Mississippi, Ouachita and Red River Railroad Company commenced an action of assumpsit against Daniel T. Witter, in the Hempstead Circuit Court, to recover calls due and in arrear upon shares in the capital stock of the company subscribed by him.
The declaration alleges the organization of the company under and for the purposes designated in its charter, etc.; that on the 10th September, 1852, Witter subscribed for five shares, of $100 each, of the capital stock; that the directors had made six assessments and calls up.on the stockholders, at times which are…
2Cases cited3 opinions
- Middlesex Turnpike Corp. v. LockeMassachusetts Supreme Judicial Court · 1811
- New Orleans, Jackson, & Great Northern Railroad v. HarrisMississippi Supreme Court · 1854
- Hester v. Memphis & Charleston RailroadMississippi Supreme Court · 1856
3Cited by3 opinions
- Perkins v. CoffinSupreme Court of Connecticut · 1911
- Snook v. Georgia Improvement Co.Supreme Court of Georgia · 1889
- Mower v. StaplesSupreme Court of Minnesota · 1884