People v. North River Sugar Refining Co.
New York Supreme Court
Action to annul a corporation. The attorney-general sued in the name of the People to •declare the franchise of the North Hi ver Sugar Befining Company annulled and forfeited, on the ground that the defendant had brought itself within subdivisions 2 and 5 of section 1798 of the Code of Civil Procedure; which provides: “ Upon leave being granted, as prescribed in the next section, the attorney-genera! may bring an action against a corporation created by or under the laws of…
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Action to annul a corporation. The attorney-general sued in the name of the People to •declare the franchise of the North Hi ver Sugar Befining Company annulled and forfeited, on the ground that the defendant had brought itself within subdivisions 2 and 5 of section 1798 of the Code of Civil Procedure; which provides: “ Upon leave being granted, as prescribed in the next section, the attorney-genera! may bring an action against a corporation created by or under the laws of the-State, to procure a judgment vacating the charter or annulling the existence of the corporation, upon the ground that…
1Opinion of the CourtBarrett, J.
The questions to be decided in this case-are, whether the acts complained of are corporate acts; and if so, whether such corporate acts are grounds of forfeiture within section 1798 of the Code of Civil Procedure.* - The People rest their case primarily upon the second and fifth. *183subdivisions of this section, claiming under the second subdivision that the defendant has “ become liable to be-dissolved by the abuse of its powers,” and under the fifth that it has exercised privileges or franchises not conferred upon it by law.
The act compiained of in this connection, is the defendant’s…
2Cases cited57 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Meriwether v. GarrettSupreme Court of the United States · 1880
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Greenwood v. Freight Co.Supreme Court of the United States · 1882
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