Legal Opinion

Chase v. . Vanderbilt

New York Court of Appeals

Decided June 22, 1875PublishedCited by 8 opinions

Appeal from judgment of the General Term of the Superior Court of the city of New York in favor of certain of the defendants, entered upon an order affirming an order sustaining their demurrer to plaintiff’s complaint. (Reported below, 5 J. & S., 334.) This action was brought by plaintiff against the Lake Shore and Michigan Southern Railroad Company, and against its directors and treasurer individually.

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Appeal from judgment of the General Term of the Superior Court of the city of New York in favor of certain of the defendants, entered upon an order affirming an order sustaining their demurrer to plaintiff’s complaint. (Reported below, 5 J. & S., 334.) This action was brought by plaintiff against the Lake Shore and Michigan Southern Railroad Company, and against its directors and treasurer individually. The complaint alleged, in substance, that the Michigan Southern and Northern Indiana Railroad, in 1857, for the purpose of raising money necessary for the payment of the indebtedness of the…

1Opinion of the CourtMiller, J.

This action was brought on behalf of the plaintiff and others, who are similarly situated, to compel the pay ment of dividends agreed to be paid by the Michigan Southern and Northern Indiana Railroad Company, upon certain shares of preferred and guaranteed stock, issued by said company in the year 1857, out of the net earnings of the corporation, which net earnings it is alleged the present corporation on its formation by certain mergers and consolidations, set out in the complaint, assumed, and agreed to provide for, and are liable to pay. The complaint alleges, that the individual…

2Cases cited2 opinions

  1. Thompson v. . the Erie Railroad CompanyNew York Court of Appeals · 1871
  2. Fulton Bank v. New York & Sharon Canal Co.New York Court of Chancery · 1829

3Cited by8 opinions

  1. Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
  2. Colgate v. United States Leather Co.New Jersey Court of Chancery · 1907
  3. Hardy v. MillerSupreme Court of Kansas · 1930
  4. Delaware, Lackawanna & Western Railroad v. New York, Susquehanna & Western RailroadNew York Supreme Court · 1895
  5. Jones v. Nassau Suburban Home Co.New York Supreme Court · 1907

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