Troy & Rutland Railroad v. Kerr
New York Supreme Court
This action was brought to recover calls made by the plaintiffs upon the defendant’s subscription to the capital stock of their company.
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This action was brought to recover calls made by the plaintiffs upon the defendant’s subscription to the capital stock of their company. The complaint alleged that the plaintiffs were, and had been, ever since the 2d day of July, 1849, an incorporated company duly organized pursuant to the provisions of two acts of the legislature, entitled severally “ An act to authorize the formation of railroad corporations, passed March 27, 1848,” and “ An act to declare the public utility of a railroad from Troy to the state line of Vermont, passed April 10,1849,” arid the acts amending the same. That in…
1Opinion of the Court
By the Court, Hand, P. J.
The plaintiffs cannot rely upon the admission in the answer, as proof that the defendant executed' the instrument set forth in the complaint. The defendant, in his second answer, in which he sets up his first special ground of defense, admits that he executed those instruments. But all the material allegations of the complaint had before been denied by the first answer ; and this admission was a mere confession, for the purpose of avoidance; and the plaintiffs cannot dismember a special plea, and take this confession as a general admission in the suit. Certainly not,…
2Cases cited10 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- McCullough v. MossCourt for the Trial of Impeachments and Correction of Errors · 1846
- Bouchaud v. DiasNew York Supreme Court · 1846
- Jackson, ex rel. Walton v. LeggettNew York Supreme Court · 1831
- Northern Railroad v. MillerNew York Supreme Court · 1851
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- New Haven & Derby Railroad v. ChapmanSupreme Court of Connecticut · 1871
- Falk v. MacMastersAppellate Division of the Supreme Court of the State of New York · 1921
- Young v. KatzAppellate Division of the Supreme Court of the State of New York · 1897
- Ayres v. CovillNew York Supreme Court · 1854
- Zabriskie v. Hackensack and N.Y. R.R. Co.Supreme Court of New Jersey · 1867
16 more not listed; retrieve them via the Exa API.