Troy Turnpike & Railroad v. M'Chesney
New York Supreme Court
This was an action of assumpsit, tried at the Rensselaer circuit, in October, 1835, before the Hon. James Vanderpoel, then one of the circuit judges. The plaintiffs were incorporated in April, 1831, with-power to make and construct a turnpike road from the city of Troy to Bennington or Pownal, in the state of Vermont; and also to make and construct a single or double rail road from Troy to either of the said towns.
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This was an action of assumpsit, tried at the Rensselaer circuit, in October, 1835, before the Hon. James Vanderpoel, then one of the circuit judges. The plaintiffs were incorporated in April, 1831, with-power to make and construct a turnpike road from the city of Troy to Bennington or Pownal, in the state of Vermont; and also to make and construct a single or double rail road from Troy to either of the said towns. The capital stock to be $100,000, to be divided into shares of $100 each, with power to the company to increase the stock to $1,000,000'. Commissioners were appointed by the act to…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
All the cases in this court from 1 Caines, 381, to 14 Johns. R. 238, show that the con*299diiion of forfeiture of stock and nil previous sums paid, for non-payment of any subsequent instalment, is but a cumulative remedy given to the company. See 19 Wendell, 43. The general act passed in 1807, 1 R. L. 228, 1 R. S. 580, relative to turnpike companies, as well as the act respecting incorporations for manufacturing purposes, passed in 1811, 1 R. L. 245, 3 R. S. 221, contain clauses nearly verbatim with the one in this charter, and under which several of the decisions were…
2Cases cited2 opinions
- In re the election of Directors of the Long Island RailroadNew York Supreme Court · 1837
- President of the Union Turnpike Road v. JenkinsNew York Supreme Court · 1803
3Cited by16 opinions
- Stoddard v. . LumNew York Court of Appeals · 1899
- Merchants' Bank v. Central BankSupreme Court of Georgia · 1846
- Despatch Line of Packets v. Bellamy Man. Co.Superior Court of New Hampshire · 1841
- Nutting v. Kings County Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- In re South Mountain Consolidated Mining Co.District Court, D. California · 1881
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