Northern Railroad v. Miller
New York Supreme Court
This was an action brought to recover of the defendant certain installments on his stock subscription to the Northern Railroad Company. The pleadings were drawn under the code of 1848, and the action was commenced in November of that year.
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This was an action brought to recover of the defendant certain installments on his stock subscription to the Northern Railroad Company. The pleadings were drawn under the code of 1848, and the action was commenced in November of that year. The complaint stated that the plaintiffs became a corporation under the act entitled “ an act to provide for the construction of a railroad from the navigable waters of the great western lakes to Lake Champlain,” passed May, 14, 1845, by a two-third vote, and by certain proceedings had under the same. That afterwards, the commissioners in the said act…
1Opinion of the Court
By the Court, Willard, P. J.
I. The contract of the defendant, created by his subscription for five shares of the capital stock of the plaintiffs’ road, was an express contract, by which he was bound to pay for the said shares, according to the conditions, requirements, liabilities and benefits of the act of incorporation. No particular form of words is necessary to make an express promise.' (1 B. & Ad. 415.) A subscription similar in all respects to that set up in this complaint, has been held to be an express promise to pay for the shares thus taken. (Spear v. Crawford, 14 Wend. 20, 23. 2…
2Cases cited12 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- President of the Goshen & Minisink Turnpike Road v. HurtinNew York Supreme Court · 1812
- Spear v. CrawfordNew York Supreme Court · 1835
- James v. M'KernonNew York Supreme Court · 1810
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Buffalo and N.Y. City R.R. Co. v. . DudleyNew York Court of Appeals · 1856
- Johnson v. Wells, Fargo & Co.Nevada Supreme Court · 1870
- Seymour v. . SturgessNew York Court of Appeals · 1862
- Dayton v. . BorstNew York Court of Appeals · 1865
- Troy & Rutland Railroad v. KerrNew York Supreme Court · 1854
16 more not listed; retrieve them via the Exa API.