Troy & Boston Railroad v. Warren
New York Supreme Court
This was an appeal by the defendants, from a judgment entered at the circuit. The action was brought to recover the amount of several calls made upon an alleged subscription by the defendants to the capital stock of the plaintiffs’ company. The action was tried by the court without a jury.
1Opinion of the Court
By the Court, Wright, J.
This action was brought to recover nine several calls of stock in the plaintiffs’ company, of *311$1000 each, with interest from the time said calls became due and payable. The defendants were the heirs at law of Nathan Warren, formerly of the city of Troy, deceased. The complaint counted upon an instrument called “ a preliminary paper,” similar in its terms, in all respects, to that in the case of “ The Troy and Boston Railroad Company v. Tibbits,” decided at this term,(a) which paper, on or about the ninth of May, 1849, was subscribed as follows: “ Estate of Nathan…
2Cited by1 opinion
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