Dutchess & Columbia County Railroad v. Mabbett
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover the amount of an alleged subscription by defendant to the capital stock of the plaintiff.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover the amount of an alleged subscription by defendant to the capital stock of the plaintiff. Articles of association in the form prescribed by the general railroad act of 1850 (chap. 140, Laws of 1850), with the exception that no persons were named as directors, but with the places for such names left- in blank, were signed by defendant, he agreeing to take twenty shares. The names of…
1Opinion of the CourtJohnson, J.
Conceding that the corporate character of the plaintiff is so far made out as to be unassailable except by the State, this only establishes its right to maintain an action in the corporate name, but does not* establish its right to charge the defendant with the amount sought to be recovered in this case. Whether he is so liable must depend upon either his agreement or upon some statutory liability imposed as a consequence of his acts in respect to the organization of the company.
The paper produced from the office of the secretary of State, where it was filed under the general railroad act of…
2Cases cited2 opinions
- Troy & Boston Railroad v. TibbitsNew York Supreme Court · 1854
- The Poughkeepsie and Salt Point Plankroad Co. v. . GriffinNew York Court of Appeals · 1861
3Cited by8 opinions
- Hulburt v. WalkerNew York Court of Appeals · 1931
- Greenbrier Industrial Exposition v. RodesWest Virginia Supreme Court · 1893
- Norwich Lock Manufacturing Co. v. HookadaySupreme Court of Virginia · 1893
- Campbell v. WABC Towing Corp.New York Supreme Court · 1974
- Richmond Street Railroad v. ReedIndiana Supreme Court · 1882
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