Union Hotel Company v. . Hersee
New York Court of Appeals
Appeal from, order of (he General Term of the Supreme Court; in the fourth judicial department, setting aside a verdict in favor of plaintiff, and granting a new trial. (Reported below, 15 Hun, 371.) This action was brought upon a subscription by defendant to plaintiff’s capital stock, to recover certain calls or assessments upon said subscription. The facts appear sufficiently in the opinion.
1Opinion of the CourtDanforth, J.
The plaintiff was incorporated by an act of the Legislature, passed April 12, 1871, for the purpose of constructing and carrying on a hotel in the city of Buffalo. By this statute its capital stock was fixed at $200,000. The business was to be managed by a board of directors, who were clothed with the powers usual in such cases, and among others that of “calling in subscriptions ” to the stock of the company. It was made “ subject to the liabilities and restrictions contained in title III, chapter 18, part 1 of the Bevised Statutes; ” and it is declared by section seven of the act of…
2Cases cited5 opinions
- In re ThompsonNew York Supreme Court · 1828
- Schenectady and Saratoga Plank Road Co. v. . ThatcherNew York Court of Appeals · 1854
- Matter of B., W. and N. Railway Co.New York Court of Appeals · 1878
- In re WrigleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Bell v. . PierceNew York Court of Appeals · 1872
3Cited by23 opinions
- Bybee v. Oregon & California RailroadSupreme Court of the United States · 1891
- Garzo v. Maid of the Mist Steamboat Co.New York Court of Appeals · 1952
- Sigua Iron Co. v. . BrownNew York Court of Appeals · 1902
- Hinckley v. Schwarzschild & Sulzberger Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Smart v. StateIndiana Supreme Court · 1963
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