Legal Opinion

Jessup v. . Carnegie

New York Court of Appeals

Decided April 6, 1880PublishedCited by 37 opinions

Appeal from judgment of the General Term of the Superior Court, of the city of New York, in favor of defendants, entered upon an order overruling exceptions and directing judgment on a verdict. (Reported below, 12 J. & S., 260.) The nature of the action and the facts are set forth sufficiently in the opinion. The court of Iowa having passed upon the statute their decision is controlling.

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Appeal from judgment of the General Term of the Superior Court, of the city of New York, in favor of defendants, entered upon an order overruling exceptions and directing judgment on a verdict. (Reported below, 12 J. & S., 260.) The nature of the action and the facts are set forth sufficiently in the opinion. The court of Iowa having passed upon the statute their decision is controlling. (Hoyt v. Sheldon, 3 Bosw., 302; Hoyt v. Thompson, 3 Sandf., 421; Shelby v. Guy, 11 Wheat., 361-367; Tioga R. R. v. Blossburg R. R., 20 Wall., 147; Elmwood v. Marcy, 92 U. S., 289; Shelby v. Guy, 11 Wheat.,…

1Opinion of the CourtMiller, J.

This action was brought against the defend.ants, upon certain promissory notes made and issued in the name of the Davenport Railway Construction Company, for .railroad iron delivered to the said company. The company was intended to be incorporated under the laws of the State of Iowa, and proceedings were taken for that purpose ; but it is alleged that they were not in accordance with the provisions of the statutes relating to that subject; that by reason of a non-compliance therewith they failed to accomplish the object intended, and that in consequence thereof, the defendants, who were…

2Cases cited20 opinions

  1. Elmendorf v. TaylorSupreme Court of the United States · 1825
  2. Gelpcke v. DubuqueSupreme Court of the United States · 1864
  3. Hunt v. . HuntNew York Court of Appeals · 1878
  4. Chicago v. SheldonSupreme Court of the United States · 1870
  5. Town of South Ottawa v. PerkinsSupreme Court of the United States · 1877

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3Cited by37 opinions

  1. Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
  2. Marshall v. . ShermanNew York Court of Appeals · 1895
  3. Rowell v. . JanvrinNew York Court of Appeals · 1896
  4. Nimick & Co. v. Mingo Iron Works Co.West Virginia Supreme Court · 1884
  5. Ryan v. RayIndiana Supreme Court · 1886

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