Legal Opinion

Erie & New York City Rail Road v. Owen

New York Supreme Court

Decided November 12, 1860PublishedCited by 4 opinions

APPEAL from a judgment entered upon a trial by the court. . Articles of association, pursuant to the general rail road act of 1850, were prepared, dated July 11th, 1851, and signed hy some 250 persons, promising to take an amount of stock which was sufficient, according to the statute.

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APPEAL from a judgment entered upon a trial by the court. . Articles of association, pursuant to the general rail road act of 1850, were prepared, dated July 11th, 1851, and signed hy some 250 persons, promising to take an amount of stock which was sufficient, according to the statute. A proper affidavit was annexed to the articles, taken March 8th, 1852, and those articles were filed in the office of the secretary of state, on the 12th of March, 1852, and the plaintiffs became duly incorporated. Articles exactly like those, filed were also used for the purpose of obtaining subscriptions,…

1Opinion of the Court

By the Court,

Marvin, P. J.

The case presents a single question. The .projectors of a rail road prepared articles of association in due form, in which thirteen directors were named, and as a matter of convenience, duplicated those articles for the purpose of obtaining subscribers. To one set of these articles, a sufficient number of subscribers, and a sufficient amount of stock were obtained, to justify the making of the affidavit required by the general rail road act, and such affidavit was made, and the articles and affidavit were filed, and the plaintiff became duly incorporated. The…

2Cases cited5 opinions

  1. Lake Ontario, Auburn & New-York Railroad v. MasonNew York Court of Appeals · 1857
  2. Troy & Boston Railroad v. TibbitsNew York Supreme Court · 1854
  3. Poughkeepsie & Salt Point Plank Road Co. v. GriffinNew York Supreme Court · 1856
  4. Eastern Plank Road Co. v. VaughanNew York Supreme Court · 1855
  5. Ogdensburgh, Rome & Clayton Rail Road v. Frost & SpriggsNew York Supreme Court · 1856

3Cited by4 opinions

  1. West v. CrawfordCalifornia Supreme Court · 1889
  2. Buffalo & Jamestown Railroad v. ClarkNew York Supreme Court · 1880
  3. Cayuga Lake Railroad v. KyleNew York Supreme Court · 1875
  4. Sodus Bay & Corning Railroad v. HamlinNew York Supreme Court · 1881

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