Parkinson v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Contract, by the holder of five bonds of the Highland Street Railway Company, to recover damages for the defendant’s refusal to deliver its preferred stock in exchange for such bonds at maturity. The case was submitted to this court upon an agreed statement of facts, the material parts of which appear in the opinion.
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Contract, by the holder of five bonds of the Highland Street Railway Company, to recover damages for the defendant’s refusal to deliver its preferred stock in exchange for such bonds at maturity. The case was submitted to this court upon an agreed statement of facts, the material parts of which appear in the opinion. If the plaintiff was entitled to recover, judgment was to be entered for him in such sum as, in the opinion of the court, he was entitled to recover, or the case was to be sent to an assessor; otherwise, judgment was to be entered for the defendant.
1Opinion of the CourtHolmes, J.
This is an action to recover damages for a refusal to deliver preferred stock of the defendant road to the holder of certain bonds of the Highland Street Railway, upon demand at maturity. The bonds are not convertible into stock upon their face, but after they were issued the Highland Street Railway was “ authorized ” to increase its stock to a million dollars, by St. 1879, c. 151, and by § 2 of the act it was provided that “ three hundred thousand dollars of said stock shall be applied to the payment or redemption of ” certain bonds, including these, “ and the issue of said bonds is hereby…
2Cases cited3 opinions
- Pratt v. American Bell Telephone Co.Massachusetts Supreme Judicial Court · 1886
- Day v. Worcester, Nashua, & Rochester RailroadMassachusetts Supreme Judicial Court · 1890
- John Hancock Mutual Life Insurance v. Worcester, Nashua, & Rochester RailroadMassachusetts Supreme Judicial Court · 1889
3Cited by28 opinions
- Lorenz v. CSX Corp.Court of Appeals for the Third Circuit · 1993
- Helvering v. Southwest Consolidated Corp.Supreme Court of the United States · 1942
- Fed. Sec. L. Rep. P 97,956 David Broad v. Rockwell International CorporationCourt of Appeals for the Fifth Circuit · 1981
- Kaiser Aluminum Corp. v. MathesonSupreme Court of Delaware · 1996
- Aspen Advisors LLC v. United Artists Theatre Co.Supreme Court of Delaware · 2004
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