THOMAS v. RAILROAD CO.


101 U.S. 71 (____)

THOMAS v. RAILROAD COMPANY.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. George W. Biddle and Mr. A. Sydney Biddle for the plaintiffs in error.

Mr. Samuel Dickson, contra.


MR. JUSTICE MILLER, after stating the case, delivered the opinion of the court.

The ground on which the court held the contract to be void and on which the ruling is supported in argument here, is, that the contract amounted to a lease, by which the railroad, rolling-stock, and franchises of the corporation were transferred to plaintiffs, and that such a contract was ultra vires of the company.

It is denied by the...

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