Morgan v. . Bon Bon Co.
New York Court of Appeals
Appeal from a judgment, entered February 15, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered February 15, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement sued on was made by the organizers of the defendant in behalf of the, corporation which had power after organization to adopt it. (Morawetz on Priv. Corp. [2d ed.] § 549; Cook on Corp. 2214, § 707; Pittsburgh, etc., Co. v. Quintrell, 91 Tenn.…
1Opinion of the Court
Hiscock, Ch. J.
The appellant recovered a judgment against the respondent because the latter refused to deliver to him certain shares of its capital stock in payment for services rendered in accordance with the terms of a contract made between the appellant and the organizers of the respondent, and the obligations of which contract it is claimed the latter had assumed. To the reasons assigned for the reversal of the judgment by the Appellate Division others are now added in the argument made by the respondent for the affirmance of such judgment and all of these will be briefly considered after…
2Cases cited5 opinions
- Oakes v. Cattaraugus Water Co.New York Court of Appeals · 1894
- I. Townsend Burden v. BurdenNew York Court of Appeals · 1899
- Bommer v. American Spiral Spring Butt Hinge Manufacturing Co.New York Court of Appeals · 1880
- Burden v. BurdenAppellate Division of the Supreme Court of the State of New York · 1896
- Shaffer v. . Mohawk Valley Brewing CorporationNew York Court of Appeals · 1917
3Cited by29 opinions
- Gardiner v. Equitable Office Bldg. Corp.Court of Appeals for the Second Circuit · 1921
- In re Arbitration between Reif & Williams Sportswear, Inc.New York Court of Appeals · 1961
- Mt. Pleasant Coal Co. v. WattsIndiana Court of Appeals · 1926
- FORTUNE FURN. MFG. CO. INC. v. Mid-South Plastic Fab. Co.Mississippi Supreme Court · 1975
- Framingham Savings Bank v. Joseph Szabo, TrusteeCourt of Appeals for the First Circuit · 1980
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