Ryan v. Leavenworth, Atchison & Northwestern Railway Co.
Supreme Court of Arkansas
Error from Leavenworth District Court. This action was commenced by the plaintiffs in error against the defendants in error in the court below, on the 11th day of March, 1873. An amended petition was filed in the case on the 14th of June, 1875. The petition, as amended, was very voluminous.
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Error from Leavenworth District Court. This action was commenced by the plaintiffs in error against the defendants in error in the court below, on the 11th day of March, 1873. An amended petition was filed in the case on the 14th of June, 1875. The petition, as amended, was very voluminous. Its allegations were in substance as follows: That a company called the “ Missouri River Railroad Company” was incorporated under the general laws of the state, February 17th, 1864, to build and operate a road from the terminus of the Missouri Pacific road, at the state line in Wyandotte county, to…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The first and most important inquiry in this case is, whether upon the allegations of the amended petition the contract made by Len. T. Smith, in the name of the Missouri River railroad company, with A. Caldwell, for the construction of the railroad of that company from Wyandotte to Leavenworth, was fraudulent and void? If fraud- . ulent and void, the next inquiry is, are the plaintiffs, who are stockholders in the Leavenworth, Atchison & Northwestern railroad company, in a position to maintain this suit? In answering and passing upon…
2Cases cited4 opinions
- Robinson v. SmithNew York Court of Chancery · 1831
- City of Oakland v. CarpentierCalifornia Supreme Court · 1859
- Kansas Pacific Railway Co. v. McCormickSupreme Court of Kansas · 1878
- Hale v. Republican River Bridge Co.Supreme Court of Kansas · 1871
3Cited by31 opinions
- Brown v. TenneyIllinois Supreme Court · 1988
- First National Bank v. DrakeSupreme Court of Kansas · 1883
- Hirshhorn v. Mine Safety Appliances Co.District Court, W.D. Pennsylvania · 1944
- Marbury v. Kentucky Union Land Co.Court of Appeals for the Sixth Circuit · 1894
- Kirk v. HGP Corporation, Inc.Supreme Court of Kansas · 1972
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