Hatcher v. Toledo, Wabash & Western Railroad
Illinois Supreme Court
■ Appeal from the Circuit Court of Adams County; the Hon. Joseph Sibley, Judge, presiding. ■ This was an action of debt, brought by appellant against appellee, to recover on coupons of bonds issued by the Quincy & Toledo Railroad Company. The facts bearing upon the questions decided appear in the opinion of the court.
1Opinion of the CourtJustice Thornton
The indebtedness sued upon was created by the Quincy & Toledo Railroad Company; and recovery is sought upon the ground of the consolidation of the two companies, by virtue of the statute, which provides, that in case of consolidation of two or more companies, the consolidated company shall be liable for all debts of each company which may enter into the arrangement. Sess. Laws 1867, 80.
The company which created the indebtedness prior to the alleged consolidation, executed a deed of trust, with power of sale, upon the road, and all the property, rights, and franchises of the company, to John…
2Cases cited6 opinions
- Pollard v. MaddoxSupreme Court of Alabama · 1856
- Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
- Thompson v. AlexanderIllinois Supreme Court · 1849
- Marsh v. ChesnutIllinois Supreme Court · 1852
- Mobile & Cedar Point R. R. v. Talman & RalstonsSupreme Court of Alabama · 1849
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3Cited by6 opinions
- Yellow River Improvement Co. v. Wood CountyWisconsin Supreme Court · 1892
- Northern Pacific R. R. v. ShimmellMontana Supreme Court · 1886
- Kansas City Southern Railway Co. v. KingSupreme Court of Arkansas · 1905
- Anderson v. BakerAppellate Court of Illinois · 1912
- Fisher v. GreenAppellate Court of Illinois · 1892
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