Legal Opinion

Rochester & Kettle Falls Land Co. v. Raymond

New York Court of Appeals

Decided April 18, 1899PublishedCited by 11 opinions

Appeal from a 'judgment in favor of the defendant, .entered April 22, 1896, which was directed by the Appellate Division of the Supreme Court in the fourth judicial department to he entered upon a verdict previously directed by the trial court and which overruled the exceptions taken upon the trial which were ordered to he heard in the first instance at General Term.

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Appeal from a 'judgment in favor of the defendant, .entered April 22, 1896, which was directed by the Appellate Division of the Supreme Court in the fourth judicial department to he entered upon a verdict previously directed by the trial court and which overruled the exceptions taken upon the trial which were ordered to he heard in the first instance at General Term. The action was brought to recover of the defendant the amount of certain assessments levied by the plaintiff on thirty shares of its capital stock. The plaintiff is a domestic corporation organized under chapter 40, Laws of 1848,…

1Opinion of the CourtMartin, J.

This appeal is sought to be sustained upon two grounds: 1. That the defendant is liable to pay for the number of shares subscribed for by him, notwithstanding their subsequent transfer. 2. That he is liable upon all the shares he held, including those subsequently purchased, upon the ground that the transfer to Van Every was not made in good faith, but for the purpose of avoiding his liability as stockholder for the unpaid calls thereon.

First, as to the liability of the defendant by reason of his having been a party to the agreement to organize the plaintiff and to take a given number of…

2Cases cited12 opinions

  1. Webster v. UptonSupreme Court of the United States · 1876
  2. Schenectady and Saratoga Plank Road Co. v. . ThatcherNew York Court of Appeals · 1854
  3. Trustees of East Hampton v. . KirkNew York Court of Appeals · 1877
  4. Johnson v. . UnderhillNew York Court of Appeals · 1873
  5. Frecking v. . RollandNew York Court of Appeals · 1873

7 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Paltey v. . EganNew York Court of Appeals · 1910
  2. Sigua Iron Co. v. . BrownNew York Court of Appeals · 1902
  3. Sinclair v. . FullerNew York Court of Appeals · 1899
  4. Butts v. KingSupreme Court of Connecticut · 1924
  5. Witt v. NelsonCourt of Appeals of Texas · 1914

6 more not listed; retrieve them via the Exa API.

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