Pierce v. Emery
Supreme Court of New Hampshire
Bill in Equity. The following facts appear from the statements of the bill: The Portsmouth and Concord Railroad, a corporation established under the laws of New-Hampshire, made to the complainants, Joshua W. Pierce, Alfred W. Haven, Josiah Gr.
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Bill in Equity. The following facts appear from the statements of the bill: The Portsmouth and Concord Railroad, a corporation established under the laws of New-Hampshire, made to the complainants, Joshua W. Pierce, Alfred W. Haven, Josiah Gr. Hadley and to Alexander Ladd, deceased, whose executrix, Maria T. Ladd, is the remaining plaintiff, sundry mortgages, dated respectively February 12,1850, July 6,1850, March 10,1851, May 29,1851, August 19,1851, and March 3,1852, and also made sundry other mortgages to Joshua W. Pierce and Alfred W. Haven, two of the complainants, dated respectively…
1Opinion of the CourtPekley, C. J.
Corporations, as a general rule, have power to sell their property, real and personal, and to mortgage it for the security of their debts. Com. Dig., Corporation, F, 18 ; Barry v. Merchants’ Exchange Co., 1 Sand. Ch. 280 ; Despatch Line of Packets v. Bellamy Manuf. Co., 12 N. H. 206.
*504Railroads, by the law of this State, are public corporations, so far as to be subject in many respects to general legislation and the control of the public authorities. They are created to answer a public object, and are bound to the State for the performance of -their public duty. They can do no act which would…
2Cases cited6 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Clark v. Mayor, Aldermen, and Common Council of WashingtonSupreme Court of the United States · 1827
- Holly v. BrownSupreme Court of Connecticut · 1841
- Abbott v. GoodwinSupreme Judicial Court of Maine · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Meyer v. Johnston & StewartSupreme Court of Alabama · 1875
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Williams v. BriggsSupreme Court of Rhode Island · 1877