Kean v. Johnson
New Jersey Court of Chancery
John Kean files his bill in this court against John T. Johnson and others, individuals, and the Somerville and Easton Railroad Company, otherwise called the Central Railroad Company of New Jersey, of which they are directors, praying an injunction and other relief, to which bill the defendants have filed a general demurrer.
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John Kean files his bill in this court against John T. Johnson and others, individuals, and the Somerville and Easton Railroad Company, otherwise called the Central Railroad Company of New Jersey, of which they are directors, praying an injunction and other relief, to which bill the defendants have filed a general demurrer. The bill states that, under an act of the legislature, passed February 9th, 1831, a corporation was organized, called the Elizabethtown and Somerville Railroad Company, which soon after went into full operation ° that in 1839 — 40, being in want of funds to pay for the…
1Opinion of the Court
The Master.
The questions raised by the demurrer, in this cause, are two-fold—
I. What is the proper construction and meaning of the proviso to section three of the act recited in the bill, passed February 22d, 1849? Does that proviso require the consent *406of all the stockholders of the Elizabethtown and Somerville Railroad Company, before the purchase of the road by the Somerville and Easton road becomes valid, or only the consent of a majority of said stockholders?
II. If the proviso does require the consent of all such stockholders, to constitute a valid transfer of the road, can the remedy…
2Cases cited1 opinion
- Middlesex Turnpike Corp. v. LockeMassachusetts Supreme Judicial Court · 1811
3Cited by15 opinions
- Goods v. Lackawanna Leather Co.s.New Jersey Superior Court Appellate Division · 1967
- Leeds v. HarrisonNew Jersey Superior Court Appellate Division · 1950
- Lonsdale, C., Corp. v. International, C., Co.New Jersey Court of Chancery · 1927
- Bowditch v. Jackson Co.Supreme Court of New Hampshire · 1912
- In Re Collins-Doan Co.Supreme Court of New Jersey · 1949
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