Thomas v. Railroad Co.
Supreme Court of the United States
Ekkob to the Circuit Court of the United States for the Eastern District of Pennsylvania.' This was an action of covenant, by George W. Thomas, Alfred S, Porter, and Nathaniel F. Chew, against the West Jersey Railroad Company, and they, to maintain the issue on their part, offered to prove the following facts: - On the eighth day of October, 1863, the Millville and Glassboro Railroad Company, a corporation incorporated by the legislature of New Jersey, March 9, 1859, entered…
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Ekkob to the Circuit Court of the United States for the Eastern District of Pennsylvania.' This was an action of covenant, by George W. Thomas, Alfred S, Porter, and Nathaniel F. Chew, against the West Jersey Railroad Company, and they, to maintain the issue on their part, offered to prove the following facts: - On the eighth day of October, 1863, the Millville and Glassboro Railroad Company, a corporation incorporated by the legislature of New Jersey, March 9, 1859, entered into an agreement with them, whereby it was stipulated that the company should, and did thereby, lease its road,…
1Opinion of the CourtJustice Miller
The ground on which the court held the contract to be void and on which the ruling is supported in argument here, is, that the contract amounted to a lease, by which the railroad, rolling-stock, and franchises of the corporation were transferred to plaintiffs, and that such a contract was ultra vires of the 'company.
' It is denied by the plaintiffs that the contract can be fairly called a lease.
But we know of no element of a lease which is wanting in this instrument. “ A lease for years is a contract between lessor and lessee, for possession of lands, &c., on the one side, and a recompense by…
2Cases cited1 opinion
- Parish v. . WheelerNew York Court of Appeals · 1860
3Cited by318 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- California Bank v. KennedySupreme Court of the United States · 1897
- Union Pacific Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1896
- Gibbs v. Consolidated Gas Co. of BaltimoreSupreme Court of the United States · 1889
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