Hamilton & Deansville Plank Road Co. v. Rice
New York Supreme Court
This was an action of assumpsit, brought against the defendant upon his subscription for $200 to the capital stock of the plaintiffs’ company, to recover the amount of three several assessments made upon the stock owned by the defendant. The declaration contained four special counts, and a fifth consisting of the usual money counts condensed; to which was added a count upon an insimul computassent. The defendant pleaded the general issue, and gave notice of special matter.
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This was an action of assumpsit, brought against the defendant upon his subscription for $200 to the capital stock of the plaintiffs’ company, to recover the amount of three several assessments made upon the stock owned by the defendant. The declaration contained four special counts, and a fifth consisting of the usual money counts condensed; to which was added a count upon an insimul computassent. The defendant pleaded the general issue, and gave notice of special matter. The cause was tried at the Madison circuit, in February, 1849, before Justice Gridley; when a verdict was taken for the…
1Opinion of the Court
By the Court, Gridley, J.
This is an action to recover the amount of several calls, for installments upon a subscription for the stock of the company. The declaration contained the common counts in indebitatus assumpsit, and also several special counts, framed upon a subscription paper which was proved to be the paper used as a substitute for a book at one of the places, where the books for subscribing to the stock of the road were opened, pursuant to the notice contained in the first sec*160tion of the act providing for the incorporation of plank road companies. (Sess. Laws of 1847, p. 216.) By…
2Cases cited7 opinions
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- Trustees of Phillips Limerick Academy v. DavisMassachusetts Supreme Judicial Court · 1814
- New Bedford & Bridgewater Turnpike Corp. v. AdamsMassachusetts Supreme Judicial Court · 1811
- People v. DenslowNew York Supreme Court · 1803
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3Cited by22 opinions
- Buffalo Jamestown Railroad Co. v. . GiffordNew York Court of Appeals · 1882
- Sigua Iron Co. v. . BrownNew York Court of Appeals · 1902
- Troy & Boston Railroad v. TibbitsNew York Supreme Court · 1854
- Carey v. WilliamsCourt of Appeals for the Second Circuit · 1897
- Bray v. . FarwellNew York Court of Appeals · 1880
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