Blossburg & C. R. v. Tioga R.
U.S. Circuit Court for the District of Northern New York
[At law. Action by the Blossburg & Coming Railroad Company against the Tioga Railroad Company.] This case came up on a demurrer to a surrejoinder.
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[At law. Action by the Blossburg & Coming Railroad Company against the Tioga Railroad Company.] This case came up on a demurrer to a surrejoinder. The declaration contained a special count upon certain agreements in writing, and also the common counts for money had and received by the defendants to and for the use of the plaintiffs, and for money due and owing from the defendants to the plaintiffs, for the use and occupation, by the defendants, of a railroad with its fixtures and appurtenances. The defendants pleaded, (1) the general issue; (2) payment; ’ and, (3) the statute of limitations.…
1Opinion of the Court
HALL, District Judge.
The most important question raised by the demurrer in this case, and the one on which the validity of the supposed defence of the statute of limitations must ultimately depend, is, whether this defence can be successfully interposed by a foreign corporation. This question, in substance, was before the former supreme court of this state, in 1845, in the case of Faulkner v. Delaware & R. Canal Co., 1 Denio, 441; and it was then held, that a replication that the defendants were and are a body corporate created under and by virtue of the laws of New Jersey, and that they are…
2Cases cited2 opinions
- Olcott v. . the Tioga Railroad CompanyNew York Court of Appeals · 1859
- Faulkner v. Delaware & Raritan Canal Co.Court for the Trial of Impeachments and Correction of Errors · 1845