The Buffalo and Pittsburgh Railroad Co. v. . Hatch.
New York Court of Appeals
Appeal from the Superior Court of the city of Buffalo Action to recover the amount of the defendant’s subscription to the capital stock of the plaintiff. The defence was, that the plaintiff was not duly incorporated.
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Appeal from the Superior Court of the city of Buffalo Action to recover the amount of the defendant’s subscription to the capital stock of the plaintiff. The defence was, that the plaintiff was not duly incorporated. Upon the trial before Mr. Justice Masteh, without a jury, the plaintiff produced a copy of plaintiff’s articles of association, and of an affidavit thereto attached, purporting to have been sworn and subscribed on the 12th day of October, 1852immediately following, the copy of an indorsement, or addition, by the then Deputy Secretary of State, that the paper was recorded October…
1Opinion of the CourtGrover, J.
Chapter 140 of Laws of 1850 provides for the formation of companies for constructing and operating railroads, and the incorporation of the same. Section 1 of the act prescribes what the articles of association shall contain, and, among other things, provides that the length of the road, as near as may be, shall be therein stated. The articles in this case, in addition to stating the termini of the road and the counties through or into which the same is to be constructed, state that it is about seventy-five miles long. It will be seen that the precise length is not required to be stated, but…
2Cited by8 opinions
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- State ex rel. Brown v. BaileyIndiana Supreme Court · 1861
- Yonkers Gazette Co. v. TaylorAppellate Division of the Supreme Court of the State of New York · 1898
- Beattys v. Town of SolonNew York Supreme Court · 1892
- Deepwater Railway Co. v. LambertWest Virginia Supreme Court · 1903
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