Boston, Concord & Montreal Railroad v. Boston & Lowell Railroad
Supreme Court of New Hampshire
Thebe actions, originally entered in the trial term. The first and second are bills in equity, and the third is a real action. The first haying been removed to the circuit court of the United States, they were all entered and tried in the law term of this court, under the following agreement: Merrimack ss. Supreme Court.
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Thebe actions, originally entered in the trial term. The first and second are bills in equity, and the third is a real action. The first haying been removed to the circuit court of the United States, they were all entered and tried in the law term of this court, under the following agreement: Merrimack ss. Supreme Court. June Law Term, 1888. Boston, Concord & Montreal R. R. v. Boston & Maine R. R., Boston & Lowell R. R. It is agreed,— I. That the bill in equity (lease case, so called), now pending-in the United States circuit court, be at once remanded to the New Hampshire supreme court; that…
1Opinion of the Court
The first of the three suits is a bill in equity, in which the plaintiffs ask a decree against the validity of the contract by which they undertook to lease their road to the Lowell in 1881. In 1883 the legislature had given all the authority they could give for leasing the road upon certain conditions. "Any railroad corporation may lease its road . . . to any other railroad corporation upon such terms and for such time as may be agreed to by the directors, and as may be . . . approved by two thirds of all the votes cast on that subject by the stockholders. . . . No competing railroads, now…
2Cases cited3 opinions
- Central Railroad v. CollinsSupreme Court of Georgia · 1869
- Eckstein v. DowningSupreme Court of New Hampshire · 1886
- State v. Boston & Maine RailroadSupreme Court of New Hampshire · 1878
3Cited by5 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Williams v. StateSupreme Court of New Hampshire · 1924
- State v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
- Nichols v. FernaldSupreme Court of New Hampshire · 1926
- Boston & Maine Railroad v. Northern RailroadSupreme Court of New Hampshire · 1928