Ellsworth v. St. Louis, Alton & Terre Haute Raiload
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made May 5, 1884, which set aside a verdict in favor of defendant and directed a new trial, exceptions having been ordered to be heard at first instance at General Term. (Reported below, 33 Hun, 7.)t/ This action was brought to recover the amount of thirty bonds issued by defendant. The material facts appear in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made May 5, 1884, which set aside a verdict in favor of defendant and directed a new trial, exceptions having been ordered to be heard at first instance at General Term. (Reported below, 33 Hun, 7.)t/ This action was brought to recover the amount of thirty bonds issued by defendant. The material facts appear in the opinion. PlaintifÉ’s testator, having bought bonds directly from the corporation, is conclusively presumed to know the charter provisions of the corporation with which he was dealing.…
1Opinion of the CourtRapallo, J.
In March, 1870, the defendant, in pursuance of authority conferred by its charter, issued three hundred bonds of $1,000 each, bearing interest at ten per cent per annum, payable to Russell Sage or bearer. The principal was payable March 1, 1880.
The bonds were offered by the defendant, by printed circulars, for sale in the city of Hew York and sealed proposals therefor were invited. The circular placed no limit upon the prices to be bid; and gave notice of no restriction upon the company in respect to the price at which it could sell the bonds.
The whole issue of three hundred bonds was sold by…
2Cases cited2 opinions
- Mercer County v. HacketSupreme Court of the United States · 1864
- Woods v. Lawrence CountySupreme Court of the United States · 1862
3Cited by7 opinions
- Gamble v. Queens County Water Co.New York Court of Appeals · 1890
- Martyne v. . American Union Fire Ins. Co.New York Court of Appeals · 1915
- Warren v. First National Bank of ColumbusIllinois Supreme Court · 1893
- Glynn v. United Steel Works Corp.New York Supreme Court · 1935
- Boehme v. RallNew Jersey Court of Chancery · 1893
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