Black River & Utica Rail Road v. Barnard
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to recover $1000 and interest, being the balance of a subscription of $2000, alleged to have been made by the defendant to the capital stock of the plaintiffs’ company. The referee reported in favor of the plaintiffs for the balance claimed to be due, and the defendant appealed.
1Opinion of the Court
By the Court, Pratt, J.
The only point made upon the trial of this cause was, that the company was not duly organized as a corporation. It was not claimed that the subscription of the defendant was void for want of consideration, or for any reasons of public policy, but it was simply claimed that all the requirements of the statute, necessary to the due organization of the company as a rail road corporation, had not been observed. The exceptions taken were to the ruling of the referee excluding testimony offered for the purpose of showing that all the statutory requiremeiits had not been…
2Cases cited1 opinion
- People v. President & Directors of the Manhattan Co.New York Supreme Court · 1832
3Cited by7 opinions
- State ex informatione Crow v. Lincoln Trust Co.Supreme Court of Missouri · 1898
- Mead v. New York, Housatonic & Northern RailroadSupreme Court of Connecticut · 1877
- Smith v. Havens Relief Fund SocietyNew York Supreme Court · 1904
- White v. RossNew York Court of Appeals · 1860
- White v. RossNew York Court of Appeals · 1860
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