Dow v. Northern Railroad
Supreme Court of New Hampshire
Bill in Equity, by Samuel H. Dow and John E. Robertson, stockholders in the Northern Railroad, against the Northern Railroad, the Boston & Lowell Railroad, and the directors of the Northern Railroad, seeking to enjoin the operation of the Northern Railroad by the Boston & Lowell Railroad under a contract of lease. Answers were filed, and the case was heard at the trial term before Carpenter, J., both parties introducing evidence.
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Bill in Equity, by Samuel H. Dow and John E. Robertson, stockholders in the Northern Railroad, against the Northern Railroad, the Boston & Lowell Railroad, and the directors of the Northern Railroad, seeking to enjoin the operation of the Northern Railroad by the Boston & Lowell Railroad under a contract of lease. Answers were filed, and the case was heard at the trial term before Carpenter, J., both parties introducing evidence. Facts were found by the court, and the case was reserved for the law term by request of parties. Only so much of the facts are here given as are material to the…
1Opinion of the Court
Doe, C. J. *
The Northern Railroad is the name of “a collection of many individuals, united into one body,” with certain rights and duties. Kyd Corp. 18. A private business corporation is “an association formed by the agreement of its shareholders,” and its existence “as an entity, independently of its members, is a fiction.” It is “ essential to bear in mind distinctly that the rights and duties of an incorporated association are, in reality, the rights and duties of the persons who compose it, and not of an imaginary being.” Mor. Corp., Preface. “The statement that a cor poration is an…
2Cases cited93 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Fletcher v. PeckSupreme Court of the United States · 1810
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Hawes v. OaklandSupreme Court of the United States · 1882
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
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3Cited by15 opinions
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- Yoakam v. Providence Biltmore Hotel Co.District Court, D. Rhode Island · 1929
- Perkins v. New Hampshire Power Co.Supreme Court of New Hampshire · 1940
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