Castner v. Duryea
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Samuel W. Castner and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 27th day of Hovember, 1896, upon the dismissal of their complaint on the ground that it did not state facts sufficient to constitute a cause of action, directed by the court at a trial before the court and a jury.
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Appeal by the plaintiffs, Samuel W. Castner and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 27th day of Hovember, 1896, upon the dismissal of their complaint on the ground that it did not state facts sufficient to constitute a cause of action, directed by the court at a trial before the court and a jury. The action was brought by the plaintiffs against the defendant as a stockholder of the Consumers’ Coal Company, a corporation organized undeg the General Manufacturing Act of 1848.
1Opinion of the Court
Williams, J.:, The decision as made was evidently based upon the decision of the General Term in this department in Herbert v. Duryea (87 Hun, 288). The principle held in that case was, however, subsequently overruled by the Court of Appeals in Rowell v. Janvrin (151 N. Y. 60). And this decision cannot, therefore, be upheld upon the ground assigned by the learned trial court. The respondent now contends that the decision should be upheld, and the judg*250ment affirmed upon another ground, and. this raises the only ques..tion which calls for consideration by this court.
It is said the complaint was…
2Cases cited1 opinion
- Rowell v. . JanvrinNew York Court of Appeals · 1896
3Cited by9 opinions
- Persons v. GardnerAppellate Division of the Supreme Court of the State of New York · 1899
- Herbert v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1898
- Graeber v. EhrgottAppellate Division of the Supreme Court of the State of New York · 1918
- Herbert v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1898
- Persons v. GardinerNew York Supreme Court · 1899
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