People v. Boston, Hoosac Tunnel & Western Rw. Co.
New York Supreme Court
This action was brought by the People against The Boston, Hoosac Tunnel & Western Railway Company, The Continental Construction &■ Improvement Company, and others. The facts are fully stated in the - opinion. The Attorney General and George F. Oomstoclc, for the People.
1Opinion of the CourtFollett, J.
The People, by their attorney general, 'seek by this action a judgment, annulling the contract entered into March 1," 1881, between four railroad corporations, and the proceedings taken thereunder for the consolidation of their capital stock, franchises and property.
Railroad corporations exist solely by virtue of the statutes, and can be consolidated only by enabling statutes. *
“No corporation shall possess or exercise any corporate powers, except such as shall be necessary to the exercise of the powers so enumerated and given” (1 H. 8. 600, § 3; same stat. 1 Id. 7th ed. 1531).
Before…
2Cases cited6 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Minis v. United StatesSupreme Court of the United States · 1841
- Van Cott v. . Van BruntNew York Court of Appeals · 1880
- Auburn and Cato Plank Road Co. v. . DouglassNew York Court of Appeals · 1854
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3Cited by3 opinions
- Kelly v. . New York City Railway Co.New York Court of Appeals · 1908
- Delavan v. New York, New Heaven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- People v. North River Sugar Refining Co.New York Supreme Court · 1889