Rochester v. Barnes
New York Supreme Court
APPEAL from a judgment entered at a special ierm, upon the report of a referee. The action was brought to charge the defendants, who were directors of the Backet’s Harbor and Ellisburgh Bail Boad Company, with a debt contracted by that company, for the purchase of rail road cars; on the ground that the debt was contracted by the agency, or with the assent, of the defendants, when the company had not available means for its payment.
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APPEAL from a judgment entered at a special ierm, upon the report of a referee. The action was brought to charge the defendants, who were directors of the Backet’s Harbor and Ellisburgh Bail Boad Company, with a debt contracted by that company, for the purchase of rail road cars; on the ground that the debt was contracted by the agency, or with the assent, of the defendants, when the company had not available means for its payment. The action is founded upon the provisions of the act in relation to the contracts of rail road companies, passed May 13,1845. (¡Laws of 1845, p. 251.) (a) The…
1Opinion of the Court
By the Court, Johnsor, J.
The important question upon the merits, in this case, is whether the act of 1845, (Sess. Laws of 1845, p. 257,) under which this action is brought, was, before its express repeal in 1854, applicable to corporations formed under the general rail road acts of 1848 and 1850.
The corporation, of which the defendants were officers and stockholders, was created under the provisions of the general rail road act of 1848, (Sess. Laws of 1848, p. 221,) and the indebtedness, for which this action is brought, was contracted in August, 1853. The referee who tried the action held…
2Cases cited3 opinions
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
- Daviess v. FairbairnSupreme Court of the United States · 1845
- Dexter & Limerick Plank Road Co. v. AllenNew York Supreme Court · 1852
3Cited by5 opinions
- Newcombe v. FoxAppellate Division of the Supreme Court of the State of New York · 1896
- Brown v. Janes, New York County Courts1911
- Excelsior Petroleum Co. v. EmburyNew York Supreme Court · 1875
- Newcombe v. FoxAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Sturges v. KeeseNew York Supreme Court · 1882