A Practical Treatise Upon the Law of Railways

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Co. u.McChesney, 21 Wend. 296 ; Northern R.u. Miller, 10 Barb. 260 ; Plank Road Co. v. Payne, 17 Barb. 567. In this last case it was held to be matter of intention and construction, whether the remedies were concurrent and cumulative, or in the alternative. And in Troy and Boston E. v. Tibbitts, 18 Barb. 297, it is said to be well settled, that the obligation of actual payment is created, by a subscription to a capital stock, unless plainly excluded by the terms of the subscription, and that th...e forfeiture is a cumulative remedy. Ogdensburg R. & C. Railway v. Frost, 21 Barb. 541. See also Herkimer M. & H. Co. v. Small, 21 Wend. 273 ; 2 Hill, 127; Sagory v. Du- bois, 3 Sand. Ch. R. 466 ; Mann v. Currie, 2 Barb. 294 ; Mann v. Pentz, 2 Sand.
Ch. R. 273 ; Ward v. Griswoldville Manuf Co. 16 Conn. 593; Lexington & West Cambridge R. v. Chandler, 13 Met. 311 ; Klein v. Alton & Sangamon R. 13 Illi- nois, 514 ; Ryder v. Same, id. 516 ; Gayle v. Cahawba R. 8 Ala. R. 586 ; Beene v.
Cahawba & M. R.


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