Perry v. Little Rock & Fort Smith Railway Co.
Supreme Court of Arkansas
APPEAL from Pope Circuit Court in Chancery. Hon. Q-. S. Cunningham, Circuit Judge. 1. The new company was bound by the contract entered into by Everett, as the representative of its promoters; and, 2. The new company has ratified and adopted Everett’s contracts, thus making them its own. Redfield on Railways, p. 16, sec. 5; 1 Mylnc £ G., 650; 7 Eng. L. E., 1:34; 1 Simons, IV.
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APPEAL from Pope Circuit Court in Chancery. Hon. Q-. S. Cunningham, Circuit Judge. 1. The new company was bound by the contract entered into by Everett, as the representative of its promoters; and, 2. The new company has ratified and adopted Everett’s contracts, thus making them its own. Redfield on Railways, p. 16, sec. 5; 1 Mylnc £ G., 650; 7 Eng. L. E., 1:34; 1 Simons, IV. S.,586; 9 Simons, 264,; 3 Mylnc § C., 773; 9 Ham, 129; Field on Corp., sec. 221; 45 N. PI., 375; 1 Redf. Am. R. R. Cases, 1; 49 Pa. St., 277; 40 Md., 395; 101 TI. S., 392; 37 Ark., 164. This was a contract with the…
1Opinion of the CourtEakin, J.
This appeal is from a decree upon further proceedings in the case, after its remand upon the opinion delivered here in a former appeal by defendants; see Little Rock & Fort Smith R. R. Co. v. Perry, 37 Ark., 164, for a more definite statement. The opinion then delivered becomes the law of the case, with reference to subsequent proceedings. These were all in equity, the plaintiff having been allowed to file an amended complaint on the ■equity side. It charges: That the defendant was the successor of the Little Rock & Eort Smith Railroad Company, which had begun and completed a part of the road…
2Cases cited1 opinion
- Bommer v. American Spiral Spring Butt Hinge Manufacturing Co.New York Court of Appeals · 1880
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