The American and English Railroad Cases: A Collection of All the Railroad Cases in the Courts of Last Resort in America and England
Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson
Edward Thompson Company, 1882
Covers cases decided [1879?]-1895.
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action agreement alleged amount appears appellant applied assets attached authority Bank become bill bondholders bonds cars cause Central certificate charge charter claim condition consolidation constitution construction contract corporation court creditors damages debt decree defendant directors dividends duty earnings effect entitled equity error evidence executed existence fact follows fund further give given ground hands held hold holders injury interest issued judgment jury liability lien limitations managers mortgage necessary negligence notes notice objection officers operation opinion original owner paid parties passed payment person petition plaintiff pledged possession preference present principle proper purchase question R. R. Co railroad company railway reason receivers recover respect road rule running shares statute stockholders street subscribed subscription suit taken thereof tion track train transfer trustees Vermont York
Página 375 - ... but the person pledging such stock shall be considered as holding the same, and shall be liable as a stockholder accordingly, and the estates and funds in the hands of such executor, administrator, guardian or trustee, shall be liable in like manner, and to the same extent as the testator or intestate. or the ward or person interested in such trust fund would have been, if he had been living and competent to act, and held the same stock in his own name.
Página 343 - Every act shall embrace but one subject, and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Página 357 - Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law.
Página 280 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Página 375 - ... of such company ; but the person pledging such stock shall be considered as holding the same, and shall be liable as a stockholder accordingly, and the...
Página 296 - From time to time to borrow such sums of money as may be necessary for completing and finishing or operating their railroad, and to issue and dispose of their bonds for any amount so borrowed, and to mortgage their corporate property and franchises to secure the payment of any debt contracted by the company for the purposes aforesaid...
Página 377 - Statutes 1879, which declares that " no person holding stock in any such company, as executor, administrator, guardian or trustee, and no person holding such stock as collateral security, shall be personally subject to any liability as stockholder of such company...
Página 280 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Página 384 - ... whole of the capital stock is not before subscribed, open books of subscription to fill up the capital stock of the company, in such places and after giving such notice as they may deem expedient, and may continue to receive subscriptions until the whole capital stock is subscribed.
Página 593 - In determining what is proximate cause the true rule is that the injury must be the natural and probable consequence of the negligence : such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.