Barr v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from order of the Glen eral Term of the Supreme Court, iu the first judicial department, made April 10, 1882, which reversed an order of Special Term sustaining a demurrer to plaintiffs’ complaint, and which overruled the demurrer.
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Appeal from order of the Glen eral Term of the Supreme Court, iu the first judicial department, made April 10, 1882, which reversed an order of Special Term sustaining a demurrer to plaintiffs’ complaint, and which overruled the demurrer. The complaint herein contained substantially these allegations : Plaintiffs held and owned certain shares of the stock of the Suspension Bridge and Erie Junction Railroad Company; said company (styled in the pleadings the bridge company) was organizéd by parties interested in defendant, the Erie Railway Company, and its bonds were guaranteed by that company.…
1Opinion of the CourtMiller, J.
The first question presented upon this appeal relates to the right of the plaintiffs to maintain this action. The plaintiffs were stockholders of the-Suspension Bridge and Erie Junction Railroad Company, and, as such, they enjoyed the same and a common interest in any income, profit or funds of that company out of which dividends might be realized to which they might become entitled upon the stock held by them respectively. Under such circumstances provision is made by law by which they may unite in an action against a proper party or parties to ascertain whether any fund exists in which they…
2Cases cited1 opinion
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
3Cited by25 opinions
- Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
- Beveridge v. New York Elevated RailroadNew York Court of Appeals · 1889
- Jones v. Missouri-Edison Electric Co.Court of Appeals for the Eighth Circuit · 1906
- O'Connor v. . Virginia Passenger Power Co.New York Court of Appeals · 1906
- Wheeler v. Abilene Nat. Bank Bldg. Co.Court of Appeals for the Eighth Circuit · 1908
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