Miller v. . Schuyler
New York Court of Appeals
Appeal from the Supreme Court. The action was to compel a transfer to the plaintiffs of 562 shares of stock of the Illinois Central Railroad Company wrongfully transferred, as was alleged, to Robert and George Schuyler, or to recover the premium which the stock bore at the time of the transfer.
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Appeal from the Supreme Court. The action was to compel a transfer to the plaintiffs of 562 shares of stock of the Illinois Central Railroad Company wrongfully transferred, as was alleged, to Robert and George Schuyler, or to recover the premium which the stock bore at the time of the transfer. The plaintiffs claimed, under an assignment from the Schuylers of a portion of the original capital stock, that they were entitled to a proportionate share of the additional stock subsequently issued by the company, and which, according to the terms of the resolutions authorizing its issue, was to be…
1Opinion of the Court
Johnson, Ch. J.
The plaintiffs in this case have appealed from an order of the Supreme Court at general term granting a new trial on the defendants’ appeal from a judgment rendered for the plaintiffs at special term. In order to entitle themselves to bring an appeal in that stage of the suit they gave the stipulation required by the Code, that if the order should be affirmed judgment absolute should be rendered against them. The defendants on their appeal to the Supreme Court were at liberty to urge, and appear to have urged, that the decision of the special term was wrong as to the fact as…
2Cases cited1 opinion
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
3Cited by7 opinions
- Wright v. . HunterNew York Court of Appeals · 1871
- McEteere v. LittleNew York Court of Common Pleas · 1878
- Chapuis v. MathotNew York Supreme Court · 1895
- Anthony v. EddySupreme Court of Kansas · 1869
- Morrison v. South Carolina State Highway DepartmentSupreme Court of South Carolina · 1936
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