People ex rel. Bath & Hammondsport Railroad v. Public Service Commission of the Second District
Appellate Division of the Supreme Court of the State of New York
. Certiorari issued out of the Supreme Court and attested on the 14th day of ..September, 1907, directed to the Public Service Com-. mission of the Second District of the'State-of New.York and to the individual members theréof, commanding them to certify and return to the office of the clerk of the county of Albany all and singular the proceedings had by the State Board of Bailroad Commissioners in the matter of the application of the Hornell,’ Bath and Lake Keuka Bail way…
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. Certiorari issued out of the Supreme Court and attested on the 14th day of ..September, 1907, directed to the Public Service Com-. mission of the Second District of the'State-of New.York and to the individual members theréof, commanding them to certify and return to the office of the clerk of the county of Albany all and singular the proceedings had by the State Board of Bailroad Commissioners in the matter of the application of the Hornell,’ Bath and Lake Keuka Bail way Company for a certificate of public convenience and.necessity under section 59 of the Bailroad Law (Laws of 1890, chap.…
1Opinion of the Court
Kellogg, J.:
It is the duty of the Board of Railroad Commissioners to ascertain and determine whether the alleged railroad company is duly incorporated. If the ten per cent of the minimum amount of capital stock has not been subscribed and paid in good faith and in cash, the certificate should be denied. (People ex rel. Erie R. R Co. v. Board R. R. Comrs., 105 App. Div. 273; People ex rel. N. Y. C. & H. R. R. R. Co. v. Pub. Serv. Com., 122 id. 283.)
The only evidence tending to show the payment of such ten per cent is that three of the directors called at the Bank of Steuben in Hornell, one of…
2Cases cited1 opinion
- People ex rel. Erie Railroad v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- People Ex Rel. N.Y.C., Etc., Co. v. . P.S. Com.New York Court of Appeals · 1909
- People ex rel. New York Central & Hudson River Railroad v. Public Service Commission for Second DistrictNew York Court of Appeals · 1909
- In re the Director of the Buffalo Frontier Terminal RailroadAppellate Division of the Supreme Court of the State of New York · 1909