Rensselaer & Washington Plank Road Co. v. Wetsel
New York Supreme Court
THIS was an action to recover the arrears upon the subscription of the defendant for twenty shares of stock in the plaintiffs’ company. The plaintiffs were duly incorporated on the 8th of April, 1850. The answer did not deny the regularity of the plaintiffs’ organization, or their existence as a corporation.
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THIS was an action to recover the arrears upon the subscription of the defendant for twenty shares of stock in the plaintiffs’ company. The plaintiffs were duly incorporated on the 8th of April, 1850. The answer did not deny the regularity of the plaintiffs’ organization, or their existence as a corporation. The complaint alleged, and the answer did not deny, that on the 8th of April, 1850, the defendant signed the articles set forth in the complaint, and subscribed for twenty shares of the stock, at $50 a share. The complaint also alleged, and the answer did not deny, that he thereupon…
1Opinion of the Court
By the Court, Parker., P. J.
I see no reason for questioning the correctness of the decision of the referee in receiving in evidence the certified copy of the articles of association. It was a correct copy of the articles as they were when filed. Nor can it at all avail the defense that William Van Yeghten had originally subscribed for ten shares, and that the subscription was erased before the articles were filed. I agree with the referee that it is fairly inferable, from the evidence, that the erasure was made with the knowledge of the defendant, and of all the directors, and at Yan…
2Cases cited3 opinions
- Hamilton & Deansville Plank Road Co. v. RiceNew York Supreme Court · 1849
- Beene v. Cahawba & Marion Rail RaodSupreme Court of Alabama · 1842
- Efner v. ShawNew York Supreme Court · 1829
3Cited by4 opinions
- Peoria & Rock Island R. R. v. PrestonSupreme Court of Iowa · 1872
- Fey v. Peoria Watch Co.Appellate Court of Illinois · 1889
- Buffalo & Allegany Railroad v. CaryNew York Court of Appeals · 1862
- The Buffalo and Allegany Railroad Company v. . CaryNew York Court of Appeals · 1862