Legal Opinion

Ellison v. Mobile & Ohio Railroad

Mississippi Supreme Court

Decided October 15, 1858PublishedCited by 11 opinions

Error to the Circuit Court of Pontotoc county. Hon. William L. Harris, judge. Argued at length that, by the terms of the charter of the defendant in error, the directors had no power to take subscriptions for stock; that the right was vested in the commissioners named in the charter; and in this part of the case they cited and relied on the following authorities: Qoulter v. Richards, 24 Miss. E. 329; 2 Conn.

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Error to the Circuit Court of Pontotoc county. Hon. William L. Harris, judge. Argued at length that, by the terms of the charter of the defendant in error, the directors had no power to take subscriptions for stock; that the right was vested in the commissioners named in the charter; and in this part of the case they cited and relied on the following authorities: Qoulter v. Richards, 24 Miss. E. 329; 2 Conn. R. 579; Middletown and Harrisburg Turnpike Co. v. Watson, 1 Rawle, 330; Bssex Turnpike Co. v. Collins, 8 Mass. R. 292. They then argued as follows : The false representations, alleged in…

1Opinion of the CourtHandy, J.

The defendant in error brought this action to recover the amount of certain instalments, due upon a number of shares of the capital stock of the company, for which the plaintiff in error had become a subscriber.

The declaration alleged that the defendant in the court below, *583before the 1st of March, 1858, had subscribed for ten shares of the stock of the company, according to the written subscription signed by him and set forth, and averring that the instalments, according to the subscription, had been called for, and required to be paid by the president and directors of the company, and that…

2Cases cited1 opinion

  1. Hester v. Memphis & Charleston RailroadMississippi Supreme Court · 1856

3Cited by11 opinions

  1. Adams v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1897
  2. COR DEV. v. College Hill Heights HomeownersCourt of Appeals of Mississippi · 2008
  3. Selma, Marion & Memphis Railroad v. AndersonMississippi Supreme Court · 1876
  4. Bissit v. Kentucky River Navigation Co.District Court, E.D. Kentucky · 1882
  5. McKnight v. Mound Bayou Public School Dist.Court of Appeals of Mississippi · 2004

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