Southern Central Railroad v. Town of Moravia
New York Supreme Court
THIS action having been brought to trial at the Cayuga circuit, before the court without a jury, a jury being waived by consent of parties given in open court, the court foutid the following facts: On the 17th day of November, 1867, the plaintiff was duly organized as a railroad corporation.
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THIS action having been brought to trial at the Cayuga circuit, before the court without a jury, a jury being waived by consent of parties given in open court, the court foutid the following facts: On the 17th day of November, 1867, the plaintiff was duly organized as a railroad corporation. Thereafter, and prior 'to the 27th day of July, 1865, in pursuance of an act of the legislature passed April 7,1866, entitled “ An act to facilitate the construction of the Southern Central Railroad, and to authorize towns to subscribe to the capital stock thereof,” the inhabitants of the town of Moravia…
1Opinion of the Court
By the Oourt, Johnson, J.
The action was brought by the plaintiff to recover a balance alleged to be due on the subscription of the defendant, in its corporate capacity, to the stock of the plaintiff, under chapter 433 of the laws of 1866'. The defendant subscribed for 840 shares of such stock, of $100 per share, to be paid, as the justice before whom the cause was tried finds, “ in such installments and at such times as the plaintiff’s board of directors might lawfully direct.” The plaintiff’s board of directors made eight several calls for distinct and separate portions of the said*…
2Cases cited5 opinions
- Fake v. Addy'sCourt for the Trial of Impeachments and Correction of Errors · 1835
- Tillotson v. PrestonNew York Supreme Court · 1808
- Jacot v. EmmettNew York Court of Chancery · 1844
- Stevens v. BarringerNew York Supreme Court · 1835
- Gillespie v. MayorNew York Court of Chancery · 1841
3Cited by21 opinions
- O'Brien v. . YoungNew York Court of Appeals · 1884
- Matter of Crane v. . CraigNew York Court of Appeals · 1921
- Union Trust Co. v. KaplanAppellate Division of the Supreme Court of the State of New York · 1936
- Bennett v. Federal Coal & Coke Co.West Virginia Supreme Court · 1912
- City of Los Angeles v. City BankCalifornia Supreme Court · 1893
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