Legal Opinion

Buffalo, Corning & New York Rail Road v. Pottle

New York Supreme Court

Decided September 1, 1856PublishedCited by 4 opinions

MOTION by the plaintiffs for judgment on a verdict taken at the circuit in Yates county, in April, 1855, subject to the opinion of the supreme court on a case. The action was brought to recover the amount of .the defendant’s subscription to the plaintiffs’ articles of association, for $1000 stock in their company.

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MOTION by the plaintiffs for judgment on a verdict taken at the circuit in Yates county, in April, 1855, subject to the opinion of the supreme court on a case. The action was brought to recover the amount of .the defendant’s subscription to the plaintiffs’ articles of association, for $1000 stock in their company. The plaintiffs were incorporated under the general rail road act of 1850. At the trial, various questions arose and decisions were made, to which exceptions were taken; but, as the case is now decided on one point only, the facts in relation to which are sufficiently stated in the…

1Opinion of the CourtBy the Court. Welles, J.

By the third article of the plaintiffs’ association, their road was to extend from the city of Buffalo to connect with the New York and Brie Rail Road at or near the village of Painted Post in the county of Steuben-»

*22The fifth article is in the following words, viz : “ The said rail road is intended to be made from the city of Buffalo to the east line of the county of Brie; thence, through the county of Genesee in an easterly direction; thence, into and through a part of the county of Livingston; thence, into and through a part of the county of Monroe; thence, into and through a part of the…

2Cases cited1 opinion

  1. Macedon & Bristol Plank Road Co. v. LaphamNew York Supreme Court · 1854

3Cited by4 opinions

  1. Snook v. Georgia Improvement Co.Supreme Court of Georgia · 1889
  2. State ex rel. St. Joseph & Denver City Rld. v. Comm'rs of Nemaha CountySupreme Court of Kansas · 1873
  3. Zabriskie v. Hackensack and N.Y. R.R. Co.Supreme Court of New Jersey · 1867
  4. Virginia & Truckee Railroad v. County CommissionersNevada Supreme Court · 1870

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