Pride v. Indianapolis, Decatur & Western Railway Co.
New York Supreme Court
Appeal from special term, Hew York county. , Action by George H. Pride against the Indianapolis, Decatur & Western Bailway Company. -An attachment was issued on plaintiff’s affidavit that defendant was a foreign corporation, which was afterwards vacated on defendant’s motion, and from the order vacating it plaintiff appeals.
1Opinion of the CourtBrady, J.
The cause of action, as alleged, rests upon information and belief. If the occurrences stated took place as narrated, the defendants assumed the payment of the coupons on which the action was brought. They are not original obligations of the defendant,' but became payable by it on the purchase of the Indianapolis, Decatur & Springfield Bail way Company—the subsequent organization of two new corporations—by the purchasing committee to which the purchase was transferred, and the ultimate consolidation of these new companies into one, namely, the defendant in this action. If all this was done as…
2Cases cited2 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Yates v. . NorthNew York Court of Appeals · 1871
3Cited by3 opinions
- Carrier v. United Paper Co.New York Supreme Court · 1893
- Hitner v. BoutilierNew York Supreme Court · 1893
- McCulloh v. Aeby & Co.New York Supreme Court · 1890