Legal Opinion

Prouty v. Lake Shore & Michigan Southern Railroad

New York Court of Appeals

Decided May 10, 1881PublishedCited by 18 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made April 7, 1880, affirming a judgment in favor of plaintiff, entered upon the report of a referee.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made April 7, 1880, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was originally brought against the Michigan Southern and Northern Indiana Railroad Company and its directors to recover dividends alleged to be in arrear upon certain preferred guaranteed stock issued by that company, and to compel that company and its directors to declare and pay such dividends. Upon papers showing that after the commencement of the action the…

1Opinion of the CourtMiller, J.

This action was first commenced against .The Michigan Southern and Northern Indiana "Railroad Company and its directors, and the appellant has since been brought in as a party and co-defendant by the order of the court, and a summons and supplemental complaint served in accordance therewith.

In the case of Boardmari against the same defendant, * recently decided by this court, all of the questions arising upon the merits of this controversy were considered and decided, unless it may be the question as to the interest upon the dividends,' in regard to which a motion for a reargument is now…

2Cases cited5 opinions

  1. Shields v. OhioSupreme Court of the United States · 1877
  2. Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
  3. Milner v. MilnerNew York Court of Chancery · 1833
  4. Ensworth v. LambertNew York Court of Chancery · 1820
  5. Wattson v. ThibouNew York Supreme Court · 1863

3Cited by18 opinions

  1. Allen v. City of DavenportSupreme Court of Iowa · 1901
  2. Horowitz v. GoodmanAppellate Division of the Supreme Court of the State of New York · 1906
  3. Schwab v. SchwabCourt of Appeals of Maryland · 1901
  4. Chicago Grain Door Co. v. Chicago, B. & Q. R. Co.U.S. Circuit Court for the Northern District of Illnois · 1905
  5. Brewster v. F. G. Brewster Co.Appellate Division of the Supreme Court of the State of New York · 1910

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