Ogdensburgh, Rome & Clayton Rail Road v. Frost & Spriggs
New York Supreme Court
APPEAL by the defendants from a judgment rendered against them at the circuit. The action was brought to recover the amount of three several calls made upon the defendants’ subscription to the capital stock of the plaintiffs’ company. The cause was tried by the court, without a jury, and judgment in favor of the plaintiffs for the amount claimed.
1Opinion of the Court
By the Court, Bacon, J.
The objection to the plaintiffs’ right of recovery are scattered through the case as thickly as autumnal leaves, and there is an extensive array of authorities in the briefs which have been submitted to the court. But from an attentive perusal of the case, I think only three questions of any serious moment are made, which I shall proceed to consider and dispose of in as brief a manner as is consistent with their importance and a proper adjudication upon the rights of these parties respectively.
I. The subscription of Frost & Spriggs being in their partnership name and…
2Cases cited6 opinions
- Spear v. CrawfordNew York Supreme Court · 1835
- Hartford & New-Haven Rail Road v. KennedySupreme Court of Connecticut · 1838
- Herkimer Manufacturing & Hydraulic Co. v. SmallNew York Supreme Court · 1839
- Northern Railroad v. MillerNew York Supreme Court · 1851
- Troy & Rutland Railroad v. KerrNew York Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- La Farge v. . Exchange Fire Insurance CompanyNew York Court of Appeals · 1860
- Erie & New York City Rail Road v. OwenNew York Supreme Court · 1860
- Stover v. FlackNew York Supreme Court · 1862