Legal Opinion

Montgomery Southern Railway Co. v. Matthews

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 23 opinions

Action by Railroad Corporation, on Subscription for Stoclc. Appisal from the Circuit Court of Crenshaw. Tried before the Hon. II. D. Clayton. This action was brought by the appellant, a domestic corporation, against Eli Matthews and M. T. Matthews; was commenced on the 14th February, 1883, and was founded on a writing signed by the defendants, which was in these words: “Crenshaw County, Ala.

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Action by Railroad Corporation, on Subscription for Stoclc. Appisal from the Circuit Court of Crenshaw. Tried before the Hon. II. D. Clayton. This action was brought by the appellant, a domestic corporation, against Eli Matthews and M. T. Matthews; was commenced on the 14th February, 1883, and was founded on a writing signed by the defendants, which was in these words: “Crenshaw County, Ala. July 26th, 1881. On the first day of December, 1882, we promise to deliver to the Montgomery Southern Railway Company two bales of middling cotton, of 500 lbs. each, at the Alabama Warehouse in the city…

1Opinion of the CourtStone, C. J.

In Rives v. Montgomery South Plank Road Co., 30 Ala. 92, the suit was on a subscription to the capital stock of the plank-road company. The defense was fraud in procuring the subscription. On the trial, “ the defendant offered to prove that, before he -subscribed for any stock in said company, and before its organization under its charter, two of its subscribers for stock, one of whom was after-wards elected president, and the other secretary of the corporation, represented to him that the road would be so located as to pass through his plantation, thereby greatly enhancing the value of his…

2Cases cited11 opinions

  1. Munroe v. PritchettSupreme Court of Alabama · 1849
  2. Henderson v. RailroadTexas Supreme Court · 1856
  3. Mead v. . BunnNew York Court of Appeals · 1865
  4. Atwood's Adm'r v. WrightSupreme Court of Alabama · 1856
  5. Blodgett v. MorrillSupreme Court of Vermont · 1848

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3Cited by23 opinions

  1. Russell v. Industrial Transportation Co.Texas Supreme Court · 1924
  2. Cartwright v. BralySupreme Court of Alabama · 1928
  3. Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
  4. Hudson v. MooreSupreme Court of Alabama · 1940
  5. Birmingham Broadcasting Co. v. BellSupreme Court of Alabama · 1953

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