New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-04-09
SUPREME counr or OHIO

| - On 6UPREME COURT OF OHIO
uIr ne non William Peck, Chief Justice and the Hone
William Gholson, Jacob Brink.rhoT JosiaS scott and
huio' r. hsnney' Jndses L. Creh6si esq, Reporter. :
The Pert Clinton Railroad Company .st s. Tss s ysss
| l42 The Trustees " Portland ,ovn.h,, -. M. o,,
! aud Toledo Railroad Compaoy.
| Reserved in District Coat Of Ottawa
GHoLsoN, Ill lin any would bs conr.,.,. o.,
Court to decree the specific performances Of eontyact "a
crate railroad requiring a. would personal act, In
vovDg the continuous exercise OF s and Judgment uudsr
varying crcumsncss and emergencies ought onv he IN
where the demand for the exercise Of such power
stringent and the circumstances such authorize the
Court making order to Limits its duration time aud
define to proper and reasonable extent the and
3 The p c. Railroad Company leased its franchise and
road for the Of years renewaoe forever IA
Of sosS
the function Railroad Company The con,de was u
the road and operate and manage the road IN suci
would forfeit endsnger the franchises ant
sum Of onsy had eve paid IL BY tho
the F. Z. Company which hld never been expended na
the cost OF work the road previous to tho lease hs
beea betrayed BY Junction Company and that this work
had been done and tie or9aDzstion Of the e. COMPANY
sde under the general law OF the State to enable the Jase
permit. Held: hat the z. c. Company not entitled
specific performance Of the covenant in Its lease to ope
Where township through which railroad might be
9osed vas statute sa1G1'd 70 .gD,snos 50 ,ns
thoy the contract Of subscription might contain terms and
conditions affecting ii: subject matter and the consideration
be paid and received the making SUBJ crticn and paying
for stock could be made eonsderuon to
contract giving the township claim to control the general
conduct and discretion Of the directors Of the railroad
perry In matters involving the pcuniry interests OF the com
pany and h stockhoder to smount fer exceeding the
Legislature 10 authorize tho township &c obtain by M contract
such elaIn the directors Of the company for the time
directors
Where two railroad companies IN their agreement for
and running OF tho of the companies and the 81.
rsctors OF the complicated company failed comply with
lsurh Hall Matt a.i.
owing To all the s,ockhoders Of the stockholders could
not su.ts action against the directors enforce conp
stockholders having in respect TO the matter interest
ah Distinct Iom another ca. any proceeding obtain
Lief for refusal neglect the part of the directors dis
charge the duty must bring before the Court only this d.
ocOrs Of the company, but the two classes Of Stockholders
No a. The Tru.ees Of P.rTysburs Township ss Cove-
land and Toledo Railroad CO@pany-The principles upon
Judgment for defendant
The Supreme Court is the Court Of last resort In
Ohio, and tho decisions, 1t will be seen, are all in
favor Of the Company.
The New Orleans Piesyune of Saturday, March
%, says;
The general sals produce which include sugar and
se cotton and breadsu9 DO not in the aggregate up
within the range Of 100000 fhi, offers very reduced
for the basis OF monstay and financial transacton
There nothing doing In exchange todsy The counter
rate for checks In NewYork y premium Rather
light ofeii ngs. Foreign without change
Tksre very te oongin uncurrent funds The exchange
deaers buying The suspension OF with the
restricts the usual trade " this branch Of finance. We
3 ,UIS soos, 4, c.,, ,r.r,
Ohio Kentucky, and Indiana Bank Notes 10 cen. d.
Illinois and Missouri Banks............ 50 ds
Tennessee old Banks ~ " cent dis
Tennessee new Is Y cert dis
South Carolina, Georgia, aud Alabama
Bank Of Mobile scSsS p cent da
Sterling bills In small sums, 81 TO IS aud "
CIV drais .......'. ss oVGS9