Humphreys v. New York, L. E. & W. R. Co.
New York Supreme Court
Appeal from special term, New York county. The following are the findings of fact and conclusions of law filed by Lawrence, J., before whom the case was tried: “findings of fact. “(1) That the defendants the New York, Lake Erie & Western Railroad Company were, and still are, a corporation duly organized under the laws of the state of New York, having full authority to contract, as hereinafter stated.
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Appeal from special term, New York county. The following are the findings of fact and conclusions of law filed by Lawrence, J., before whom the case was tried: “findings of fact. “(1) That the defendants the New York, Lake Erie & Western Railroad Company were, and still are, a corporation duly organized under the laws of the state of New York, having full authority to contract, as hereinafter stated. “ (2) That on February 19,1880, an agreement bearing date of that day was duly made and executed between John Lowber Welsh, Homer Ramsdell, John A. Hardenburgh, George R. Blanchard, and Robert…
1Opinion of the CourtBrady, J.
The object of the defendants the railroad company is to avail themselves of the compromise agreement against all the certificate holders, whether assenting or non-assenting to that compact. They are, however, lessees who took a lease from the trustees, and, being unable to meet their pecuniary obligations thereunder, were relieved to the extent formally expressed in the agreement mentioned, and to that extent only. Whatever may have been the power the managers possessed on that subject, they did not exercise it directly, but applied to the certificate holders, who hada pecuniary interest in…
2Cited by1 opinion
- Humphreys v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1890