Lane v. Brainerd
Supreme Court of Connecticut
Scire facias in foreign attachment; tried to the jury in the superior court, before Butler, J. The plaintiff had sued the “ New York and Boston Railroad Company,” described in the writ as “ a corporation duly created by the legislatures of the states of Connecticut, Rhode Island and Massachusetts,” and had factorized Erastus Brainerd as the debtor of the company.
Read the full summary
Scire facias in foreign attachment; tried to the jury in the superior court, before Butler, J. The plaintiff had sued the “ New York and Boston Railroad Company,” described in the writ as “ a corporation duly created by the legislatures of the states of Connecticut, Rhode Island and Massachusetts,” and had factorized Erastus Brainerd as the debtor of the company. The present action was brought against Brainerd, but he having died before the trial, his executors appeared and defended. On the trial the plaintiff claimed that Brainerd was indebted to the company at the time the original process…
1Opinion of the CourtHinsian, C. J.
The defendant was factorized as the debtor of the New York and Boston Railroad Company; but his counsel claimed on the trial of this action, which is an action of scire facias founded upon that attachment, that there never was a legal organization of any such corporation, and that *576therefore there' could be no debtors to it, and consequently that there could be no recovery against him or his representatives. The superior court decided that the record of the stockholders’ meeting, which was held for the purpose of organization, in pursuance of notice given for that purpose by the persons named…
2Cases cited2 opinions
- Danbury & Norwalk Railroad v. WilsonSupreme Court of Connecticut · 1852
- Litchfield Bank v. ChurchSupreme Court of Connecticut · 1860
3Cited by12 opinions
- Union Pac. Ry. Co. v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1892
- Perez v. D AND L TRACTOR TRAILER SCHOOLConnecticut Appellate Court · 2009
- Lamkin v. Baldwin & Lamkin Manufacturing Co.Supreme Court of Connecticut · 1899
- Chase v. TuttleSupreme Court of Connecticut · 1887
- Belton Compress Co. v. SaundersTexas Supreme Court · 1887
7 more not listed; retrieve them via the Exa API.