Perkins v. Savage
New York Supreme Court
This was an action of assumpsit, tried at the New York circuit in January, 1835, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiff proved a receipt for $500, given by the defendant, by the, terms of which the plaintiff insistéd the defendant was bound to account to him for that sum ; and so the circuit judge ruled, on a motion for a nonsuit.
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This was an action of assumpsit, tried at the New York circuit in January, 1835, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiff proved a receipt for $500, given by the defendant, by the, terms of which the plaintiff insistéd the defendant was bound to account to him for that sum ; and so the circuit judge ruled, on a motion for a nonsuit. The defendant then offered to prove that the $500 specified in the, receipt was the balance of $ 3000 received by him from the plaintiff, for the purpose of enabling hint to subscribe for stock of the Utica and Schenectady Rail Road…
1Opinion of the Court
By the Court,
Nelson, J.
By the act incorporating the Utica and Schenectady Rail Road Company, the sum of Jive dollars on each share of the stock subscribed for, was required to be paid at the time of making the subscription ; and in case of a subscription to more than the amount of the stock authorized to be created, it was the duty. of the commissioners named in the statute to apportion the stock among the subscribers in such manner as should be deemed most advantageous to the interests of the corporation. Laws of 1833, page 462, <§>45. The question presented in the case is, whether the…
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- Hawley v. BibbSupreme Court of Alabama · 1881
- Knowlton v. . Congress Empire Spring Co.New York Court of Appeals · 1874
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