Legal Opinion

Jermain v. Lake Shore & Michigan Southern Railway Co.

New York Court of Appeals

Decided March 6, 1883PublishedCited by 51 opinions

Appeal from order of the General Term of the Supreme Court, in the first judicial department, made February 3, 1882, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term.

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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made February 3, 1882, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought to compel defendant to declare and pay certain dividends alleged to be due and unpaid upon certain preferred and guaranteed stock issued originally by the Michigan Southern and Northern Indiana Railroad Company, which corporation was, in 1869, together with other railway corporations, consolidated and merged in the corporation defendant, which…

1Opinion of the CourtEarl, J.

This action was brought to compel the defendant to declare and pay dividends of ten per cent per annum from June, 1857, to February, 1863, upon certain shares of guaranteed stock owned by the plaintiff. The facts in this case are the same as those found in the case of Boardman v. The Lake Shore and Michigan Southern Railway Company (84 N. Y. 157), except that in that case the certificate of stock was dated November 26, 1862, and in this case it is dated December 12, 1870.

The findings of the court at Special Term in reference to the plaintiff’s stock are substantially as follows: That prior to…

2Cases cited1 opinion

  1. Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881

3Cited by51 opinions

  1. In Re the Appraisal for Taxation of the Property of BronsonNew York Court of Appeals · 1896
  2. In re Interborough Consol. Corp.Court of Appeals for the Second Circuit · 1923
  3. STATE BY PARSONS v. Standard Oil Co.Supreme Court of New Jersey · 1950
  4. Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899
  5. U.S. Radiator Co. v. . State of New YorkNew York Court of Appeals · 1913

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