Dorris v. French
New York Supreme Court
MOTION by defendant for a new trial upon case and exceptions ordered to be heard in the first instance at the general term, after a verdict in favor of plaintiff at the circuit.
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MOTION by defendant for a new trial upon case and exceptions ordered to be heard in the first instance at the general term, after a verdict in favor of plaintiff at the circuit. The action was brought by John N. Dorris, as receiver of the Buffalo Fruit Preserving Company, to recover the sum of $3,000 upon a written instrument signed by the defendant, with other persons, of which the following is a copy: “ Buffalo Fbuit House Association". “ We, the undersigned, hereby agree to unite in the formation of a joint-stock or incorporate company for the purpose of purchasing the exclusive right to…
1Opinion of the CourtGilbert, J.
This case is unlike that of Dorris v. Sweeney, 64 Barb. 636, in this, namely, that the defendant subscribed and acknowledged the certificate of incorporation. The statute authorizing the formation of manufacturing companies (Laws 1848, chap. 40) provides that the persons who shall have signed and acknowledged the certificate, and their successors, shall be a body politic and corporate. It requires that the aggregate amount of the capital stock of the company, and the number of shares of which it consists, shall be stated. But it does not require that the interest of the subscribers,…
2Cases cited3 opinions
- Strong v. WheatonNew York Supreme Court · 1861
- The Buffalo and Pittsburgh Railroad Co. v. . Hatch.New York Court of Appeals · 1859
- Dorris v. SweeneyNew York Supreme Court · 1873