Copeland v. Citizens' Gas Light Co.
New York Supreme Court
rilHIS is an equitable action, brought by the plaintiff as JL a stockholder of the Saratoga Gas Light Company, to obtain a decree setting aside and canceling a lease executed by the defendant, the Saratoga Gas Light Company, of its gas works and fixtures and personal property to the other defendant, the Citizens’ Gas Light Company, for the term of five years, with a privilege of renewal for five years longer, on the ground that the object and effect of this lease was to…
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rilHIS is an equitable action, brought by the plaintiff as JL a stockholder of the Saratoga Gas Light Company, to obtain a decree setting aside and canceling a lease executed by the defendant, the Saratoga Gas Light Company, of its gas works and fixtures and personal property to the other defendant, the Citizens’ Gas Light Company, for the term of five years, with a privilege of renewal for five years longer, on the ground that the object and effect of this lease was to suspend the ordinary business of the corporation more than one year, and the same was therefore illegal, ultra vires and…
1Per curiam
The lease was invalid, and the action properly brought by a stockholder, on behalf of himself and other stockholders. The justice committed no error *78in refusing to adjust the equities between the two defendants, as they were not embraced in the pleadings containing the issues which were tried, and they may be the subject of another action. t
[Third Department, General Term, at Schenectady, November 14,1871.
Judgment affirmed, with costs.
Miller, P. J., and Parker and Daniels, Justices.]
2Cited by4 opinions
- Parsons v. Tacoma Smelting & Refining Co.Washington Supreme Court · 1901
- Sheldon Hat Blocking Co. v. Eickmeyer Hat Blocking Co.New York Supreme Court · 1878
- Astor v. Westchester Gas-Light Co.New York Supreme Court · 1884
- People v. BallardNew York Supreme Court · 1890