Polhemus v. Fitchburg Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 11, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action- and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 11, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action- and the facts, so far as material, are stated in the opinion. The rules for construction of statutes require that language shall have its ordinary or usual force, and that every expression shall be given weight, if possible, without nullifying the purpose of the law. (Potter’s Dwarns on Stat. 110; Schley v. Fryer, 100 N. Y. 75.) The…
1Opinion of the CourtGray, J.
The plaintiff, being the holder of bonds of the Troy and Boston Bailroad Company, has sued the defendant to recover upon certain due and unpaid interest coupons; upon the ground that, by the consolidation of his company with the Fitchburg Company, the obligation of meeting that liability was assumed by this defendant as the new corporation by force of the act of consolidation. The defense to the suit is that by the terms of the statute authorizing the consolidation, the defendant is exempted from such a liability. The defense is purely a technical one, and, if allowed to prevail, will have…
2Cases cited1 opinion
- Vilas v. . PageNew York Court of Appeals · 1887
3Cited by17 opinions
- Irvine v. . New York Edison Co.New York Court of Appeals · 1913
- Stickley v. Township of SodusMichigan Supreme Court · 1902
- Matter of Benvenga v. La GuardiaNew York Court of Appeals · 1945
- Smith v. Pacific Improvement Co.New York Supreme Court · 1918
- Irving Bank-Columbia Trust Co. v. New York Rys. Co.District Court, S.D. New York · 1923
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