Legal Opinion

Currier v. New York, West Shore & Buffalo Railroad

New York Supreme Court

Decided February 15, 1885Published

Appeal from an order sustaining demurrers interposed by the defendants to the complaint, and from a judgment entered thereon. Several grounds for the demurrers wei’e alleged therein, but the only one considered in the court below, and upon this appeal, was as to whether or not the facts alleged constituted a cause of action.

1Opinion of the Court

Pratt, J.:

An examination of the complaint in this action has led me to the conclusion that the demurrers thereto were improperly sustained.' The plaintiff is a stockholder and bondholder of the West Shore Railroad Company, and alleges divers acts of official misconduct by *356some of the defendants (wbo are directors), in the management and disposition of the funds and property committed to their charge. It also alleges that the contract for construction,, etc., was fraudulently made between the North River Construction Company and the Railroad Company, and that it was and is void as being a…

2Cases cited14 opinions

  1. Sawyer v. HoagSupreme Court of the United States · 1873
  2. Williams v. . Western Union Telegraph Co.New York Court of Appeals · 1883
  3. Butts v. . WoodNew York Court of Appeals · 1867
  4. New-York Central Ins. Co. v. . National Protection Ins. Co.New York Court of Appeals · 1856
  5. Duncomb v. . N.Y., H. N.R.R. Co.New York Court of Appeals · 1881

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