Ashuelot Railroad v. Cheshire Railroad
Supreme Court of New Hampshire
Bill in Equity, involving the same subject-matter generally as is reported, in the case between the same parties in 59 N. II. 409, and cases there referred to. From the bill, answer, and agreed statement of facts, the following additional facts appeared: At the time the original suit was commenced, in 1872, the defendants owned $160,000 of the plaintiffs’ bonds, which they sur.rendered in .April, 1877, under a decree of the court.
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Bill in Equity, involving the same subject-matter generally as is reported, in the case between the same parties in 59 N. II. 409, and cases there referred to. From the bill, answer, and agreed statement of facts, the following additional facts appeared: At the time the original suit was commenced, in 1872, the defendants owned $160,000 of the plaintiffs’ bonds, which they sur.rendered in .April, 1877, under a decree of the court. In 1874 a master was appointed, whose last hearing was had in January, 1877 February 19, 1876, the defendants purchased $5,000 more of the plaintiffs’ bonds, which…
1Opinion of the Court
Foster J.
The ground on which the plaintiffs’ bill was dismissed, in Ashuelot R. R. v. Cheshire R. R., 59 N. H. 409, entitles them to a decree in this case. The hearing before the master involved the matter of these bonds now in controversy, as well as the matter of the rent or income of the plaintiffs’ railroad. Both were subjects that might properly have been inquired into at that time. The defendants held these bonds, and were bound to present them for adjustment when all claims then existing between the parties in relation to the Ashuelot road were being litigated. The object of the suit…
2Cases cited1 opinion
- Railroad v. RailroadSupreme Court of New Hampshire · 1879