Sturges v. Knapp
Supreme Court of Vermont
Bill in Chancery. In January 1857, the trustees of the Western Vermont Railroad, who acquired an absolute title under decree of foreclosure expired, made a lease of the road to the Troy an'd Boston Railroad Company, for the term of ten years. A majority of the bond holders under that mortgage were dissatisfied with the lease, and desired to have it set aside, as they were advised it Was illegal.
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Bill in Chancery. In January 1857, the trustees of the Western Vermont Railroad, who acquired an absolute title under decree of foreclosure expired, made a lease of the road to the Troy an'd Boston Railroad Company, for the term of ten years. A majority of the bond holders under that mortgage were dissatisfied with the lease, and desired to have it set aside, as they were advised it Was illegal. For this purpose after various meetings and correspondence had taken place, they appointed Jonathan Sturges, Thomas Douglass,-and James L. Stark, a committee to institute proceedings to invalidate the…
1Opinion of the CourtPeck, J.
Whatever decisions were made in this cause directly between the orators and the defendants when the case was before this court at a former term, must be regarded as the law of the case so far as their relative rights are concerned. It was there decided that the amount of damages which the orators were bound to pay to the defendants was limited by the amount of the injunction bond, notwithstanding the court at the same time assessed the damages that the defendants had sustained by reason of the injunction at a much greater sum. The penalty of the injunction bond is $30,000. the amount of…
2Cases cited1 opinion
- Sturgis v. KnappSupreme Court of Vermont · 1860
3Cited by3 opinions
- Guilmont's Admr. v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Childs v. Millville Mutual M. & F. Ins.Supreme Court of Vermont · 1884
- Selectmen of Glover v. McGaffeySupreme Court of Vermont · 1883