Legal Opinion

Wemple v. St. Louis, Jerseyville & Springfield Railroad

Illinois Supreme Court

Decided March 23, 1887PublishedCited by 8 opinions

Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding.

1Opinion of the CourtJustice Scholfield

Two questions are presented upon this record for our decision : First, does the instrument on which suit is brought, require that the certificates of five shares in the capital stock of the railroad company shall be issued and tendered to the appellants on the 1st day of January, A. D. 1882? second, was it in compliance with the agreement expressed in .the condition in that instrument, that the railroad was so constructed that cars could be and ivere safely run over its track, upon the line, and within the time prescribed, as the court instructed the jury?

First—The instrument reads as follows:

2Cases cited5 opinions

  1. President of the Goshen & Minisink Turnpike Road v. HurtinNew York Supreme Court · 1812
  2. New Albany & Salem Railroad v. McCormickIndiana Supreme Court · 1858
  3. Ottawa, Oswego & Fox River Valley Railroad v. BlackIllinois Supreme Court · 1875
  4. Wellersburg & West Newton Plank Road Co. v. YoungCourt of Appeals of Maryland · 1859
  5. Chandler v. Northern Cross RailroadIllinois Supreme Court · 1856

3Cited by8 opinions

  1. Martin v. Central Trust Co.Illinois Supreme Court · 1927
  2. Galbraith v. McDonaldSupreme Court of Minnesota · 1913
  3. Harris v. Chicago Title and Trust Co.Illinois Supreme Court · 1930
  4. Reagan v. Midland Packing Co.District Court, N.D. Iowa · 1924
  5. Louisana Oil Exploration Co. v. RaskobSuperior Court of Delaware · 1925

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