Richmondville Union Seminary v. . McDonald
New York Court of Appeals
The plaintiff sued to recover on an alleged subscription for shares of its capital stock. On the trial before the referee, the plaintiff produced and proved a subscription paper signed by the defendant, which was as follows: “ We, the undersigned, subscribe severally and personally for the number of shares of the capital stock of the E. U. S. and Female Collegiate Institute set opposite our respective names, and agree severally to pay the trustees of said Seminary and Female…
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The plaintiff sued to recover on an alleged subscription for shares of its capital stock. On the trial before the referee, the plaintiff produced and proved a subscription paper signed by the defendant, which was as follows: “ We, the undersigned, subscribe severally and personally for the number of shares of the capital stock of the E. U. S. and Female Collegiate Institute set opposite our respective names, and agree severally to pay the trustees of said Seminary and Female Collegiate Institute, or their successors in office, twenty-live dollars for each share of the stock by us subscribed,…
1Opinion of the CourtSmith, J.
The defendant’s counsel insisted before the referee that the complaint does not allege, nor does the evidence show, that the plaintiff is a corporation. That point is not mentioned in the argument submitted to us, nor, as appears by the opinion of the Supreme Court, was it strenuously urged in the appeal at General Term. It is, therefore, to be regarded as abandoned,, and, indeed, it is shown by the opinion referred to to have no merit. Among the points now relied upon, by the counsel for the appellant, are two that were, presented to the court below: 1. That the defendant’s mere subscription…
2Cases cited3 opinions
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Ayrault v. ChamberlainNew York Supreme Court · 1860
- Jackson ex dem. Parker v. HobbyNew York Supreme Court · 1823
3Cited by8 opinions
- Abrams v. AllenNew York Court of Appeals · 1947
- Peninsular Railway Co. v. DuncanMichigan Supreme Court · 1873
- Wallis v. . RandallNew York Court of Appeals · 1880
- Clayton v. FarishNew York Supreme Court · 1947
- Scott v. Metropolitan Elevated Railway Co.The Superior Court of the City of New York and Buffalo · 1893
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