B. & C. Electrical Construction Co. v. Owen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William H. Owen, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 25th day of January, 1915, upon the decision of the court after a trial at the Oneida Special Term. The judgment directed defendant to surrender a certain stock certificate for cancellation.
1Opinion of the Court
Kruse, P. J.:
The defendant contends that his testator was induced to become president of the plaintiff because of his business and financial standing, to give credit to the company, with the agreement that the plaintiff was to issue to the deceased sixteen shares of its stock for services to be performed as president for the ensuing year after his election. That is the only consideration for the stock.
The learned trial judge held that the certificate was fraudulently and unlawfully issued and never had a legal existence, and directed its cancellation.
I think he was right in so holding. Stock…
2Cases cited4 opinions
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- Herbert v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1898
- Herbert v. . DuryeaNew York Court of Appeals · 1900
- Morgan v. Bon Bon Co.Appellate Division of the Supreme Court of the State of New York · 1914
3Cited by6 opinions
- Bowen v. Imperial Theatres, Inc.Court of Chancery of Delaware · 1922
- Lewis v. DanskerDistrict Court, S.D. New York · 1974
- Wise v. Universal CorporationDistrict Court, D. Delaware · 1950
- Kittinger v. ChurchillNew York Supreme Court · 1936
- Frankowski v. PalermoAppellate Division of the Supreme Court of the State of New York · 1975
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