Legal Opinion

New York & Erie Rail Road v. Cook

The Superior Court of New York City

Decided June 8, 1850PublishedCited by 5 opinions

This was an action against a stockholder, to recover calls on his shares made by order of the board of directors. On the trial, Morris Ketchum was called as a witness for the plaintiffs, and it being admitted that he was then a stockholder of the company, the defendant objected to his competency, the objection was overruled, and the defendant excepted. After the plaintiffs rested, the defendant moved for a non-suit, which was denied, and an exception taken.

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This was an action against a stockholder, to recover calls on his shares made by order of the board of directors. On the trial, Morris Ketchum was called as a witness for the plaintiffs, and it being admitted that he was then a stockholder of the company, the defendant objected to his competency, the objection was overruled, and the defendant excepted. After the plaintiffs rested, the defendant moved for a non-suit, which was denied, and an exception taken. The plaintiffs had a verdict, and the defendants on a case, moved, for a new trial. The opinion of the court states all that is material…

1Opinion of the Court

By the Court.—Oakley, Ch. J.

We have no doubt that Mr. Ketchum was a competent witness, under the recent provisions of law on that subject.

At the trial, the defendant moved for a non-suit, without specifying any ground for it. He now states, as a ground for a non-suit, that some material allegations were not made in the declaration, and that others were not proved. As for example, that there was no proof of the organization of the company, and none that the defendant had received notice of the calls made on the stock, or that any notice was given as required by the charter. The others are of…

2Cited by5 opinions

  1. Simmonds v. HolmesSupreme Court of Connecticut · 1891
  2. Montgomery County Bank v. MarshNew York Supreme Court · 1851
  3. Shafer v. GuestThe Superior Court of New York City · 1858
  4. Crow v. BeckerThe Superior Court of New York City · 1867
  5. Shafer v. GuestThe Superior Court of New York City · 1868

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