People v. Ulster & Delaware Railroad
New York Supreme Court
Appeals from circuit court, Albany county. Action in the name of the people of the state, brought by the attorney general on the application of the town of Harpersfield, against the Ulster & Delaware Railroad Company, to annul the corporate charter of defendant. Plaintiff appeals from a judgment for defendant entered on a verdict rendered by •direction of the court, and also from an order granting an allowance to defendant in addition to costs.
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Appeals from circuit court, Albany county. Action in the name of the people of the state, brought by the attorney general on the application of the town of Harpersfield, against the Ulster & Delaware Railroad Company, to annul the corporate charter of defendant. Plaintiff appeals from a judgment for defendant entered on a verdict rendered by •direction of the court, and also from an order granting an allowance to defendant in addition to costs. For opinion on defendant’s motion for leave to ¡file supplemental answer, see 8 N. Y. Supp. 149.
1Opinion of the CourtLearned, P. J.
We have nothing to do in this case with the alleged bad faith •or breach of contract in the dealings of the Rondout & Osyvego Railroad with-the town of Harpersfield. That town is not the plaintiff. The only question ■is whether the people have a right to annul the charter of the Ulster & Delaware Railroad' Company for the failure to construct a certain part of the route originally laid out. We do not consider it necessary to decide the question whether the defendant, taking title under the foreclosure of a mortgage ■made by the Rondout & Oswego Railroad Company, (or New York, Kingston ■&…
2Cases cited2 opinions
- The People v. . the Home Insurance Co.New York Court of Appeals · 1883
- Conaughty v. . the Saratoga County BankNew York Court of Appeals · 1883
3Cited by1 opinion
- In re Depew & S. W. RailroadNew York Supreme Court · 1895