Legal Opinion

Attorney General v. New York, New Haven, & Hartford Railroad

Massachusetts Supreme Judicial Court

Decided May 8, 1908PublishedCited by 18 opinions

Information in equity, filed on October 3, 1906, by the Attorney General at the relation of the commissioner of corporations, under St. 1906, c. 372, § 1, which provides that “ upon an information in equity in the name of the attorney-general, at the relation of the commissioner of corporations, the Supreme Judicial Court shall have power to restrain by injunction any corporation from assuming or exercising any franchise or privilege or transacting any kind of business not…

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Information in equity, filed on October 3, 1906, by the Attorney General at the relation of the commissioner of corporations, under St. 1906, c. 372, § 1, which provides that “ upon an information in equity in the name of the attorney-general, at the relation of the commissioner of corporations, the Supreme Judicial Court shall have power to restrain by injunction any corporation from assuming or exercising any franchise or privilege or transacting any kind of business not authorized by the charter of such corporation and the laws of this Commonwealth.” The information in substance alleged…

1Opinion of the CourtKnowlton, C. J.

In the St. 1906, c. 463, Part II. § 57, is the following provision: “ A railroad corporation, unless authorized by the general court or by the provisions of the following five sections, shall not directly or indirectly subscribe for, take or hold the stock or bonds of or guarantee the bonds or dividends of any other corporation.” This is a re-enactment of a statute *416that has been in force since 1874. Then follows a limitation upon the amount of bonds that may be subscribed for 'and held or guaranteed under the authority above referred to. The following five sections authorize the holding of…

2Cases cited9 opinions

  1. Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
  2. Muller v. DowsSupreme Court of the United States · 1876
  3. Pennsylvania Railroad v. St. Louis, Alton & Terre Haute RailroadSupreme Court of the United States · 1886
  4. Nashua and Lowell Railroad v. Boston and Lowell RailroadSupreme Court of the United States · 1890
  5. Memphis & Charleston Railroad v. AlabamaSupreme Court of the United States · 1883

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3Cited by18 opinions

  1. Hurley v. Boston Railroad Holding Co.Massachusetts Supreme Judicial Court · 1944
  2. Peabody v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1913
  3. Venner v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1917
  4. Delaware & Hudson Co. v. Boston Railroad Holding Co.Massachusetts Supreme Judicial Court · 1951
  5. Brown v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1919

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