Legal Opinion

Day v. Worcester, Nashua, & Rochester Railroad

Massachusetts Supreme Judicial Court

Decided March 5, 1890PublishedCited by 19 opinions

Contract to recover damages for the non-issue of shares of stock in exchange for bonds. Writ dated March 17, 1888. At the trial in the Superior Court, before Bishop, J., the following facts were agreed, or appeared in evidence.

Read the full summary

Contract to recover damages for the non-issue of shares of stock in exchange for bonds. Writ dated March 17, 1888. At the trial in the Superior Court, before Bishop, J., the following facts were agreed, or appeared in evidence. The Nashua and Rochester Railroad Company, a New Hampshire corporation, in 1872, prior to the construction of its road, was leased for fifty years to the Worcester and Nashua Railroad Company, a corporation duly organized under the laws of that State and of this Commonwealth. The lessor subsequently issued bonds, dated April 1,1874, to the amount of seven hundred…

1Opinion of the CourtHolmes, J.

This is an action against a corporation formed by the consolidation of the Nashua and Rochester Railroad and the Worcester and Nashua Railroad, to recover damages for a refusal to issue stock in exchange for bonds of the former road, in accordance with a provision in the bonds. The facts are the same as in John Hancock Ins. Co. v. Worcester, Nashua, & Rochester Railroad, 149 Mass. 214, except that it now appears affirmatively that the consolidation actually was carried out on the footing of equality between the shares of both the old corporations and the shares of the new one, as was…

2Cases cited11 opinions

  1. Railroad Co. v. GeorgiaSupreme Court of the United States · 1879
  2. Broughton v. PensacolaSupreme Court of the United States · 1876
  3. Graham v. Boston, Hartford & Erie RailroadSupreme Court of the United States · 1886
  4. Central Railroad & Banking Co. v. GeorgiaSupreme Court of the United States · 1876
  5. Norcross v. JamesMassachusetts Supreme Judicial Court · 1885

6 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Fed. Sec. L. Rep. P 97,956 David Broad v. Rockwell International CorporationCourt of Appeals for the Fifth Circuit · 1981
  2. United Zinc Companies v. HarwoodMassachusetts Supreme Judicial Court · 1914
  3. Drummond v. CraneMassachusetts Supreme Judicial Court · 1893
  4. Proctor v. ClarkMassachusetts Supreme Judicial Court · 1891
  5. Parkinson v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1899

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API