Burrall v. . Bushwick Railroad Company
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, in favor of defendant, entered upon an order reversing an order of Special Term which overruled a demurrer to the complaint, and sustaining such demurrer and directing judgment dismissing the complaint. The complaint in this action after setting forth the incorporation of defendant, alleged as follows : “Third.
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Appeal from judgment of the General Term of the City Court of Brooklyn, in favor of defendant, entered upon an order reversing an order of Special Term which overruled a demurrer to the complaint, and sustaining such demurrer and directing judgment dismissing the complaint. The complaint in this action after setting forth the incorporation of defendant, alleged as follows : “Third. That said defendant by its authorized officers, did on the 28th day of March, 1868, at the city of Brooklyn, duly issue a paper of which the following is. a copy: “BUSHWICK RAILROAD COMPANY, h “Tompkins Avenue…
1Opinion of the CourtForger, J.
This is an action, in which a judgment is asked against a business corporation, that it issue and deliver ten shares of its capital stock to the plaintiff, in accordance with a certificate set forth in the complaint; and pay to. him the interest on the value of the same, to wit : $1,000, from March 28, 1868. It is further asked, that if the corporation fail so to do, the plaintiff may have judgment against it, for $1,000, with interest from the date above named. There is also the prayer for alternative relief.
The defendant has demurred to the complaint, and assigns as cause of demurrer, that…
2Cases cited4 opinions
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Brown v. . RichardsonNew York Court of Appeals · 1859
- Dunn v. Commercial BankNew York Supreme Court · 1852
3Cited by45 opinions
- Williams v. . Western Union Telegraph Co.New York Court of Appeals · 1883
- Plimpton v. . BigelowNew York Court of Appeals · 1883
- Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899
- Higgins v. LansinghIllinois Supreme Court · 1895
- Christensen v. . EnoNew York Court of Appeals · 1887
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