Tuscumbia, Courtland & Decatur Rail Road v. Rhodes
Supreme Court of Alabama
Error to the Chancery Court at Tuscaloosa. The bill was filed by the defendant in error. The material allegations, are, that the Rail Road Company was incorporated by an act of the Legislature, in 1832, and subsequently amended.
Read the full summary
Error to the Chancery Court at Tuscaloosa. The bill was filed by the defendant in error. The material allegations, are, that the Rail Road Company was incorporated by an act of the Legislature, in 1832, and subsequently amended. That in the year 1836, the Board of Directors represented, that theCompany could not sustain its credit,and meetits engagements from the proceeds of the subscriptions to the then capital stock, and that at an informal meeting of the Board, on the 27th June, 1836, the following preamble and resolutions were adopted: “ Whereas, it has been ascertained, from the report…
1Opinion of the CourtOrmond, J.
The Tuscumbia, Courtland and Decatur Rail Road Company, having brought a suit at law for the use of Benjamin Sherrod, against H. W. Rhodes, the defendant in error, and recovered a judgment against him, he has filed this bill to obtain the benefit of a set ofij for money paid for the Company, after the suit was commenced.
Whatever may be the merits of the demand here attempted to be set off, it is very clear it cannot be set off at law, as it was not a subsisting demand when the action was brought, [Cox v. Cooper, 3 Ala. Rep. 256;] the question therefore is, whether this is a good set off in…
2Cases cited12 opinions
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Mead v. Merritt & PeckNew York Court of Chancery · 1831
- French v. GarnerSupreme Court of Alabama · 1838
- Chance v. Isaacs & SmythNew York Court of Chancery · 1836
7 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- Savage v. BenhamSupreme Court of Alabama · 1849
- Abrams v. WatsonSupreme Court of Alabama · 1877
- Carroll v. MaloneSupreme Court of Alabama · 1856
- Farris v. HoustonSupreme Court of Alabama · 1884
28 more not listed; retrieve them via the Exa API.