Southworth v. . Morgan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 10, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. No contractual or statutory liability was alleged or proven.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 10, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. No contractual or statutory liability was alleged or proven. (Thatcher v. Morris, 11 N. Y. 437; Otis v. Harrison, 36 Barb. 216; Knickerbocker, Trust Co. v. Iselin, 185 N. Y. 54; Ruse v. M. B. L. I. Co., 23 N. Y. 522; Christensen v. Eno, 106 N. Y. 97; Thompson v. Knight,…
1Opinion of the CourtCollin, J.
The plaintiff, trustee of -the bankrupt corporation, Remington Automobile & Motor Company, seeks to recover from the defendant a sum unpaid, as plaintiff alleges, upon a subscription by the defendant for two shares of the capital stock of the corporation.
The trial court found as facts: The bankrupt was organized in 1900 under the laws of New Jersey. Its authorized capital stock was $250,000, divided into twenty-five hundred shares of the par value of $100 each. Soon after its incorporation, the hoard of directors adopted a resolution as follows: “Resolved, that for the purpose of securing a…
2Cases cited11 opinions
- Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
- Great Western Telegraph Co. v. PurdySupreme Court of the United States · 1896
- Howarth v. . AngleNew York Court of Appeals · 1900
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Christensen v. . EnoNew York Court of Appeals · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- International Text Book Co. v. . ConnellyNew York Court of Appeals · 1912
- U.S. Radiator Co. v. . State of New YorkNew York Court of Appeals · 1913
- Gediman v. Anheuser Busch, Inc.Court of Appeals for the Second Circuit · 1962
- In re the Estate of SmithNew York Surrogate's Court · 1930
- Pink v. A. A. A. Highway Express Inc.Supreme Court of Georgia · 1941
30 more not listed; retrieve them via the Exa API.