Moore v. Hudson River Railroad
New York Supreme Court
The plaintiff, as assignee of Wright, Mallory and Smith, contractors for sections 42 and 24 on the Hudson River Railroad, brought this suit against the company, to recover an alledged balance due to them for constructing those sections. The action was referred to referees, who reported in favor of the plaintiffs for $22,579,24, and judgment was entered thereon. The defendants took a bill of exceptions, and appealed to the general term.
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The plaintiff, as assignee of Wright, Mallory and Smith, contractors for sections 42 and 24 on the Hudson River Railroad, brought this suit against the company, to recover an alledged balance due to them for constructing those sections. The action was referred to referees, who reported in favor of the plaintiffs for $22,579,24, and judgment was entered thereon. The defendants took a bill of exceptions, and appealed to the general term. By the contract between the parties under which the work on section 42 was performed, executed May 23,1848, it was stipulated that the work done should from…
1Opinion of the Court
By the Court,
Barculo, J.
The only part of this case we deem it important to examine particularly, is the effect of the stipulation by the contractors to receive a portion of their compensation in the stock of the company, at its par value. In all other respects we think the report of the referees must stand.
*158It appears that the original contractors—Wright, Mallory and Smith—agreed to do the work on two sections of the defendants’ road, and were to be paid in the stock of the company at its par value, to the extent of twenty per cent on one section, and ten per cent on the other. At the date of…
2Cases cited1 opinion
- Lamb v. LathropNew York Supreme Court · 1834
3Cited by9 opinions
- Central Trust Co. v. Richmond, N., I. & B. R.Court of Appeals for the Sixth Circuit · 1895
- Chaffee v. Rutland RailroadSupreme Court of Vermont · 1882
- Clark v. FarringtonWisconsin Supreme Court · 1860
- Rutland & Burlington Railroad v. ThrallSupreme Court of Vermont · 1863
- Hart v. LaumanNew York Supreme Court · 1859
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