Legal Opinion

Gere v. N. Y. Central

New York Supreme Court

Decided December 15, 1885PublishedCited by 3 opinions

Motion to continue an injunction pendente lite. Elizabeth B. Gere and others, brought this action on their own behalf and in behalf of all other stockholders in the New York, Central & Hudson River Railroad Company, against that company, - and the New York, West Shore & Buffalo Railroad Company, and the members of the firm of Drexel, Morgan' & Company, and others, to restrain the consummation of a lease between the railroad companies.

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Motion to continue an injunction pendente lite. Elizabeth B. Gere and others, brought this action on their own behalf and in behalf of all other stockholders in the New York, Central & Hudson River Railroad Company, against that company, - and the New York, West Shore & Buffalo Railroad Company, and the members of the firm of Drexel, Morgan' & Company, and others, to restrain the consummation of a lease between the railroad companies. The facts are stated by the court as follows: The defendant, the New York Central company, is a ■corporation created by and organized under the laws of the…

1Opinion of the CourtKennedy, J.

[After stating the facts as above.] Assuming that the plaintiffs, as owners of the stock represented by them, are in a position to question, on behalf of themselves and such other stockholders as may join with them in this action, the strict legality of the proposed or threatened acts of the defendant, the Central Railroad corporation, then the questions hereafter discussed properly arise and are to be met and disposed of on this application.

The first in the order they have been presented by the respective counsel is: Can the West Shore Company, being by its articles of association,…

2Cases cited6 opinions

  1. Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
  2. Fisher v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1871
  3. Troy & Boston Railroad Co. v. Boston, Hoosac Tunnel & Western RailwayNew York Court of Appeals · 1881
  4. The People v. . Albany and Vermont R.R. Co.New York Court of Appeals · 1879
  5. Marie v. GarrisonThe Superior Court of New York City · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Union Pac. Ry. Co. v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1892
  2. Woodruff v. Dubuque & Sioux City RailroadU.S. Circuit Court for the District of Southern New York · 1887
  3. Elbogen v. Gerbereux-Flynn Co.New York Supreme Court · 1900

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