President of the Highland Turnpike Co. v. M'Kean
New York Supreme Court
THIS was an action on the case, tried at the Dutchess circuit,, in September, 1812, before Mr. Justice Yates. The declaration stated the incorporation of the plaintiffs, by an the 2d April, 1806, and that thirteen persons named in the act were appointed commissioners to perform certain duties, open subscription books, &c. and averring a performance of duties, and that the defendant subscribed his name, and affixed thereto the number of twenty shares, and thereby became a…
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THIS was an action on the case, tried at the Dutchess circuit,, in September, 1812, before Mr. Justice Yates. The declaration stated the incorporation of the plaintiffs, by an the 2d April, 1806, and that thirteen persons named in the act were appointed commissioners to perform certain duties, open subscription books, &c. and averring a performance of duties, and that the defendant subscribed his name, and affixed thereto the number of twenty shares, and thereby became a stockholder, &c. and liable to pay the plaintiffs 500 dollars, for the shares so subscribed, at such time and place as…
1Per curiam
The motion for a new trial and a motion in arrest of judgment were argued together, but as the court are in *158favour of the flrst motion, it is unnecessary, at present, to express an opinion upon the second.
The plaintiffs were bound to prove, upon the trial, the aver~ ments in their declaration, a~nd if the book of minutes which was introduced had been legally authenticated, it would have contained the requisite proof of those averments. The general rule is, (and it is a rule of evidence essential' to public convenience,) that corporation books are evidence of the proceedings of the…
2Cited by14 opinions
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- Glenn v. . OrrSupreme Court of North Carolina · 1887
- Buncombe Turnpike Co. v. M'CarsonSupreme Court of North Carolina · 1835
- Ryder v. Alton & Sangamon RailroadIllinois Supreme Court · 1852
- Chenango Bridge Co. v. LewisNew York Supreme Court · 1872
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