Ranken v. Probey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, T. O. Probey, as president, etc., from a judgment of the Supreme Court in favor of the plaintiif, entered in the office of the clerk of the county of Rensselaer on the 18th day of May, 1909, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s- office on the 8th day of June, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, J.:
The first amended complaint in this' action was dismissed at the trial upon the ground that it did not state facts sufficient to constitute a cause of action. The judgment on such dismissal was reversed by this court in 131 Appellate Division, 328, the court holding that the amended complaint foreshadowed that the association was organ*135ized for pecuniary protit, and if such facts were proved upon the trial the action could be maintained against the president of the association. Upon this trial the plaintiff failed to prove that the association was formed for the pecuniary profit of…
2Cases cited1 opinion
- McCabe v. . GoodfellowNew York Court of Appeals · 1892
3Cited by3 opinions
- Kunglig Jarnvagsstyrelsen v. Dexter & Carpenter, Inc.Court of Appeals for the Second Circuit · 1929
- Maylender v. Fulton County Gas & Electric Co.New York Supreme Court · 1928
- Kwiecinski v. HwangAppellate Division of the Supreme Court of the State of New York · 2009