Rochester Dry Goods Co. v. Fahy
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, the Rochester Dry Goods Company, for a new trial upon a ease containing exceptions, ordered to be heard at' the Appellate Division in the first instance upon a nonsuit granted at the Monroe Triad Term. The action was tried in May, 1905, at the Trial Term of the Supreme Court held in the county of Monroe, and at the close of - the plaintiff’s evidence a nonsuit was directed, to which the plaintiff excepted and presents the
1Opinion of the Court
Kruse, J.:
■ The plaintiff is a domestic corporation whose capital stock consists of 400 shares of the nominal or par value of $100 each. In Feb*749rnary, 1903, it was engaged in the mercantile business in the city of Rochester. The defendant owned: a controlling interest in the corporation at that time, and entered into an agreement with one John IT. Fraley, by which she sold him sufficient of her shares of stock to give the control to Fraley.
The first contract was made between the defendant aiid Fraley February 9, 1903, and is preliminary to the succeeding' one made February 14, 1903. The name…
2Cases cited6 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Buchanan v. . TildenNew York Court of Appeals · 1899
- Mesinger v. Mesinger Bicycle Saddle Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Hurd v. WingAppellate Division of the Supreme Court of the State of New York · 1902
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3Cited by5 opinions
- Vulcan Iron Works v. Pittsburg-Eastern Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Dilcher v. NellanyNew York Supreme Court · 1907
- Komow v. Simplex Cloth Cutting Machine Co.New York Supreme Court · 1919
- Smart Set Specialty Clothing Co. v. MillsAppellate Division of the Supreme Court of the State of New York · 1920
- Klauck v. Federal InsuranceNew York Supreme Court · 1908