Venner v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs in each of the above-entitled actions from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 5th day of July, 1913, denying the plaintiffs’ motion for judgment on the pleadings, and adjudging that the complaints, as amended, do not state facts sufficient to constitute a cause of action, and, further, granting the motion of the defendants in both actions for judgment on…
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Appeal by the plaintiffs in each of the above-entitled actions from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 5th day of July, 1913, denying the plaintiffs’ motion for judgment on the pleadings, and adjudging that the complaints, as amended, do not state facts sufficient to constitute a cause of action, and, further, granting the motion of the defendants in both actions for judgment on the pleadings, and that the complaints as amended be dismissed, with costs. Also an appeal from the judgment entered in…
1Opinion of the Court
Woodward, J.:
These two actions, brought by minority stockholders of the New York Central and Hudson River Railroad Company and the Michigan Central Railroad Company to secure an injunction restraining the defendants from consummating an agreement known as the “New York Central Lines Equipment Trust of 1913,” on the ground that such agreement is ultra vires the said companies, involve the same broad questions of law, and have been tried and disposed of as one case, and are before this court upon appeal upon the same basis. Both parties moved at Special Term for judgment upon the pleadings,…
2Cases cited5 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Morgan v. LouisianaSupreme Court of the United States · 1876
- Southworth v. . MorganNew York Court of Appeals · 1912
- Attorney-General v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1908
- People v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- Ernst v. StateNew York Court of Claims · 1958
- Silverman v. LehrmanNew York Supreme Court · 1960
- Green v. People's Gas Light & Coke Co.New York Supreme Court · 1922