Fry's v. Lexington & Big Sandy Railroad
Court of Appeals of Kentucky
CASE 68 — PETITION EQUITY — APPEAL PROM GREENUP CIRCUIT COURT. cited 3 Strob., 245; 18 Barb., 297; lb., 310; Pierce’s Amer. R. R. Law, pp. 61, 72, 79; Redfield on Railways, pp. 6, 7; Sess.
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CASE 68 — PETITION EQUITY — APPEAL PROM GREENUP CIRCUIT COURT. cited 3 Strob., 245; 18 Barb., 297; lb., 310; Pierce’s Amer. R. R. Law, pp. 61, 72, 79; Redfield on Railways, pp. 6, 7; Sess. Acts 1851-2, 780; 26 Pennsylvania, 69; Willett vs. Maysville and Lexington R. R. Co., MS. opin., summer term, 1858; 16 B. Mon., 6; 2 Gray, 278; 6 Pick., 23; 9 lb., 187; 6 Cush., 50; 8 lb., 110; Redfield on Railways, pp. 37-8, sec. 30; lb., pp. 74, 77, 78, 79, 80, 81; 10 Pick., 143; 39 Maine, 573, 582; 6 Pick., 45; 10 lb., 146;-1 N. H., 44; 8 Mass., 268; 10 lb., 384; 5 Hill, 383; 18 Barb., 312 ; 11 Geo.,…
1Opinion of the CourtChief Justice Simpson
This action was brought by the Lexington and Big Sandy railroad company against James W. Fry, since deceased, to compel him to pay the unpaid bálance upon seventy shares of stock which the plaintiff alleged he had subscribed for on the books of said company.
Several grounds of defense are relied upon, each of which we will notice in its regular order.
*316The subscription, it is contended, was not made in conformity with the requirements of the charter, nor in such a manner as to impose any obligation upon the subscribers.
The original subscription has been lost. A copy thereof, certified by the…
2Cited by32 opinions
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Cobb v. . KnappNew York Court of Appeals · 1877
- Puget Sound Lumber Co. v. KrugCalifornia Supreme Court · 1891
- Kingsley v. DavisMassachusetts Supreme Judicial Court · 1870
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