Buffalo & Jamestown Railroad v. Clark
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered on the-decision of a justice of' this court, upon a trial had at the Erie Circuit, without a- jury; The action was brought to recover the amount of certain assessments upon shares of the capital stock of the plaintiff, alleged to beheld by the defendant.
1Opinion of the Court
Smith, J.:, The principal question in the case is whether the defendant made-such a subscription for stock as constituted him a stockholder in the-plaintiff corporation, and- liable to be assessed. The plaintiff was-organized as a railroad corporation, under the provisions of the statute of 1850, known as the general railroad act. (L. 1850, ch. 140.)-The date of its organization was March 23, 1872. A few days-prior to the organization of the company, the defendant, with several other persons, signed an agreement in writing, by which the-several subscribers thereto agreed to take and pay for…
2Cases cited5 opinions
- Buffalo and N.Y. City R.R. Co. v. . DudleyNew York Court of Appeals · 1856
- Hamilton & Deansville Plank Road Co. v. RiceNew York Supreme Court · 1849
- Macedon & Bristol Plank Road Co. v. LaphamNew York Supreme Court · 1854
- Erie & New York City Rail Road v. OwenNew York Supreme Court · 1860
- Reformed Protestant Dutch Church v. BrownNew York Supreme Court · 1859