Morgenstern v. Davis
New York Supreme Court
Appeal from special term, Erie county. Action by Caroline E. Morgenstern against Jacob E. Davis and others. Plaintiff appeals from a judgment for defendants, entered on the dismissal of the complaint on trial by the court without a jury.
1Opinion of the CourtMacomber, J.
This action was brought to obtain an accounting .and
to recover 200 shares of the capital stock of the Main Street So Humboldt Parkway Land Company, or the value of such shares, after deducting the purchase price and subsequent payments of assessments and interest thereon made by the defendants. The plaintiff and the defendants had been stockholders of this company for some time. On the 3d day of April, 1886, an assessment of $1,000 was made on the shares of the stock held by the plaintiff, and she, being unable to pay such assessment, was assisted thereto by the defendants, who loaned to her…
2Cases cited3 opinions
- L'Amoreux v. . GouldNew York Court of Appeals · 1852
- Marsh v. . McNairNew York Court of Appeals · 1885
- Long v. . Millerton Iron CompanyNew York Court of Appeals · 1886
3Cited by1 opinion
- Underwood Typewriter Co. v. Century Realty Co.Missouri Court of Appeals · 1906