Mann v. . Pentz
New York Court of Appeals
The Canajohavie and Catskill Railroad Company was incorporated by act of the legislature passed April 19, 1830, with a capital of $600,000, divided into shares of $50 each.
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The Canajohavie and Catskill Railroad Company was incorporated by act of the legislature passed April 19, 1830, with a capital of $600,000, divided into shares of $50 each. Another act, passed in 1837, authorized the capital to be increased to $1,000,000. The defendant Pentz was an original subscriber for fifty shares, and paid all the calls made upon him by the company and seven per cent in addition, leaving unpaid, and not called for, upon his subscription, fourteen dollars on each share, or $700 in all. ■ In May, 1842, A. Van Vechten, a creditor of the corporation, who had obtained a…
1Opinion of the CourtPratt, J.
The first and most important question in this case is that which relates to the construction of the forty-second section of the article of the revised statutes entitled “ Of proceedings against corporations in equity.” (2 R. S. 464.) If that section applies to receivers appointed under the thirty-sixth section of the same article, it was conceded by counsel upon both sides that the bill in this suit could be sustained. Without admitting or denying the correctness of this assumption, upon a careful examination of the different sections of the statute in question, I am satisfied that the…
2Cases cited5 opinions
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
- Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
- Vose v. GrantMassachusetts Supreme Judicial Court · 1819
- Nathan v. WhitlockNew York Court of Chancery · 1841
- In re The President, Directors & Co. of the Franklin BankNew York Court of Chancery · 1828
3Cited by33 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Petrogradsky Mejdunarodny Kommerchesky Bank v. National City BankNew York Court of Appeals · 1930
- Fera v. . WickhamNew York Court of Appeals · 1892
- Pfohl v. . SimpsonNew York Court of Appeals · 1878
- Herring v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1887
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