Emerson v. European & North American Railway Co.
Supreme Judicial Court of Maine
On report. Assumpsit on an acceptance of the defendant company for $1000, on which a default was entered. The writ was dated October 30, 3875, and served on the trustees, November, 1,1875. The question presented was whether the alleged trustees are chargeable as such. The trustees form a private co-partnership, doing business as expressmen between Boston and St. John, N. B., under the name of the “Eastern Express Go.,” and are not incorporated.
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On report. Assumpsit on an acceptance of the defendant company for $1000, on which a default was entered. The writ was dated October 30, 3875, and served on the trustees, November, 1,1875. The question presented was whether the alleged trustees are chargeable as such. The trustees form a private co-partnership, doing business as expressmen between Boston and St. John, N. B., under the name of the “Eastern Express Go.,” and are not incorporated. They disclose that under a contract made with the defendant railway company on January 1, 3^873, for 5 years, they were at the time of. the service…
1Opinion of the CourtPeters, J.
The consolidated European and North American Railway Company, on December 5, 1872, mortgaged to B. E. Smith (the surviving trustee) and another, for the security of certain bondholders. On January 1, 1873, the railroad company contracted with the Eastern Express Company to carry their freight for five years for a price therefor to be paid by monthly instalments. On October 27, 1875, the mortgagee Smith took possession of the road for condition broken, in the manner provided in the mortgage. On November 1, 1875, the Eastern Express Company were indebted under their contract for a month’s…
2Cases cited6 opinions
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Gilman v. Illinois and Mississippi Telegraph Company. Coykendall, Garnishee v. IdemSupreme Court of the United States · 1876
- Parish v. . WheelerNew York Court of Appeals · 1860
- Low v. PewMassachusetts Supreme Judicial Court · 1871
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- Exchange National Bank of Chicago v. Gotta (In Re Gotta)United States Bankruptcy Court, W.D. Wisconsin · 1985
- In Re SomeroUnited States Bankruptcy Court, D. Maine · 1991
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