Woodruff v. . Erie Railway Company
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made October 28, 1881, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 25 Hun, 246.) The nature of the action and the material facts are, stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made October 28, 1881, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 25 Hun, 246.) The nature of the action and the material facts are, stated in the opinion. The contract between the Erie and Genesee Valley Railroad Company and the plaintiff was not ultra vires but fully authorized by the General Railroad Act of 1850 and its amendments. (Potter’s Dwarris on Statutes, 142, 145; People v. Stephens, 13 Hun, 17; Laws of…
1Opinion of the Court
Ruger, Ch. J.
By leave of court, the plaintiff has brought this action against the defendants, upon a claim accruing upon a lease of the property of the Erie and Genesee Valley Bailroad Company executed by him in 1871 to the defendant, the Erie Bailway Company, to require its receiver to pay out of funds in his hands applicable to such purposes, for the use of the leased property, during its occupancy and enjoyment by such receiver in the years 1875, ’6, ’7 and ’8.
The receiver, upon being requested by the plaintiff to pay rent, first claimed that the conveyance by which the plaintiff acquired…
2Cases cited8 opinions
- Miltenberger v. Logansport Railway Co.Supreme Court of the United States · 1882
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- Marsh v. PikeNew York Court of Chancery · 1844
- Abbott v. Johnstown, Gloversville & Kingsboro Horse RailroadNew York Court of Appeals · 1880
- Fisher v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- Beveridge v. New York Elevated RailroadNew York Court of Appeals · 1889
- Frank v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
- Dayton Hydraulic Co. v. FelsenthallCourt of Appeals for the Sixth Circuit · 1902
- Vilas v. . PageNew York Court of Appeals · 1887
81 more not listed; retrieve them via the Exa API.