Legal Opinion

Rutland & B. R. Co. v. Crocker

U.S. Circuit Court for the District of Vermont

Decided May 15, 1858PublishedCited by 1 opinion

This was an action to recover the amount, with interest, of a subscription made by the defendant [William A. Crocker], June 1st, 1847, to the capital stock of the Champlain and Connecticut River Railroad Company, a corporation created by the legislature of Vermont, and the name of which was subsequently changed to that of the plaintiffs in this suit.

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This was an action to recover the amount, with interest, of a subscription made by the defendant [William A. Crocker], June 1st, 1847, to the capital stock of the Champlain and Connecticut River Railroad Company, a corporation created by the legislature of Vermont, and the name of which was subsequently changed to that of the plaintiffs in this suit. By the terms of the subscription, the subscribers bound themselves to take the number of shares affixed to their names, and to pay for the same according to assessments to be made from time to time, as provided in the charter, and upon certain…

1Opinion of the Court

NELSON, Circuit Justice.

This case ought to have been disposed of at a much earlier date. It was in the hands of the late lamented Judge Prentiss, for examination and decision, at the time of his death, and circumstances,- over which I had no control, have since prevented me from giving to it that consideration which its importance required.

After the fullest consideration, I am satisfied that the court erred in excluding the evidence offered by the defendant. The terms of the clause annexed to the subscription import some previous agreement or understanding between the.parties, in respect to…

2Cases cited1 opinion

  1. Cornell v. ToddNew York Supreme Court · 1846

3Cited by1 opinion

  1. Baum v. Rainbow SmeltingOregon Supreme Court · 1903

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