Mann v. Currie
New York Supreme Court
In Equity. The bill in each of these causes was filed by the plaintiff as receiver of The Canajoharie and Catslrill RailRoad Company, against the defendant therein as a stockholder of the company, to compel him to pay the balance due upon his shares of stock, to satisfy the debts of the company.
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In Equity. The bill in each of these causes was filed by the plaintiff as receiver of The Canajoharie and Catslrill RailRoad Company, against the defendant therein as a stockholder of the company, to compel him to pay the balance due upon his shares of stock, to satisfy the debts of the company. The act incorporating the company was passed April 19, 1830, {Laws of 1830, p\ 296;) and the act was amended, so as to authorize an increase of capital stock, &c. in 1837, {Laws of 1837, p. 208.) In the case of Currie, the bill alleged that the .defendant was a stockholder, and owner of fifty shares…
1Opinion of the CourtEdwards, J.
The principal questions which are raised in these cases were decided by the late vice chancellor of the first circuit, then holding the office of assistant vice chancellor. (Mann, receiver, &c. v. Pentz, 2 Sandf. Ch. Rep. 258.) It was contended on the argument by the counsel for the defendants, that inasmuch as I was not bound by the opinion of the assistant vice chancellor, merely on the ground of authority, I ought to re-examine the questions which were decided by him ; and the cases were fully argued before me in all their aspects. Upon reflection I am convinced that there are controlling…
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