Hale v. Cheshire Railroad
Massachusetts Supreme Judicial Court
Bill in equity, filed December 8, 1891, by two holders of shares of the common stock of the Cheshire Railroad Company, against that company and the Fitchburg Railroad Company, to obtain better terms than those given by the vote of consolidation agreeably to the provisions of St. 1887, c. 389, and of c. 257 of the Laws of New Hampshire of the same year.
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Bill in equity, filed December 8, 1891, by two holders of shares of the common stock of the Cheshire Railroad Company, against that company and the Fitchburg Railroad Company, to obtain better terms than those given by the vote of consolidation agreeably to the provisions of St. 1887, c. 389, and of c. 257 of the Laws of New Hampshire of the same year. The Cheshire Railroad Company demurred to the bill for want of equity, and because the plaintiffs had not stated any facts entitling them to an account, or sufficient to show that they had any interest in the disposition of the assets, funds,…
1Opinion of the CourtAllen, J.
By virtue of Pub. Sts. c. 105, § 3, and earlier statutes, the charter of the Cheshire Railroad Company was subject to amendment, alteration, or repeal at the pleasure of the General Court. Each of the two plaintiffs became the owner of a single share of the common stock subject to this liability of alteration. By St. 1887, c. 389, § 2, the railroad company was authorized to unite and consolidate with the Fitchburg Railroad Company on such terms and conditions as should be approved by a majority in interest of the stockholders of each corporation. Each corporation had common stock and…
2Cases cited5 opinions
- Pennsylvania Railroad v. MillerSupreme Court of the United States · 1889
- Nugent v. the SupervisorsSupreme Court of the United States · 1874
- Bishop v. BrainerdSupreme Court of Connecticut · 1859
- Bish v. JohnsonIndiana Supreme Court · 1863
- Sparrow v. Evansville & Crawfordsville RailroadIndiana Supreme Court · 1856
3Cited by8 opinions
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1927
- Hinckley v. Schwarzschild & Sulzberger Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Albach v. Fraternal Aid UnionSupreme Court of Kansas · 1917
- Barnett v. D. O. Martin Co.Supreme Court of Georgia · 1940
- Brown v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1919
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