Close v. . Noye
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made July 14,1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. • The nature of the action and the facts, so far as material,, are stated in the opinion. The undisputed facts fail to show a cause of action against the defendant, hence the complaint should have been dismissed.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made July 14,1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. • The nature of the action and the facts, so far as material,, are stated in the opinion. The undisputed facts fail to show a cause of action against the defendant, hence the complaint should have been dismissed. (Laws of 1853, chap. 333; Browns. Smith, 13 LIun, 408; 80 27. Y. 650 ; Knowles v. Duffy, 40 Hun, 485 ; Whitehall v. Jacobs, 75 Wis. 479; Douglass v.…
1Opinion of the CourtHaight, J.
The American Bit Brace Company was a corporation organized under -the Manufacturing Act of 1848 and the amendments thereto, and commenced business on or about January 1,1888. Its capital stock was $50,000, divided into 500 shares of $100 each. $47,500 of the stock was paid in cash. The remaining $2,500 of the stock was not paid in, and no certificate has ever been filed showing full payment of the capital stock. In 1892 the corporation' became indebted to the plaintiff upon promissory notes in the sum of $10,000, upon which a judgment was entered in the Superior Court of Buffalo and an…
2Cases cited4 opinions
- Adams v. RiversNew York Supreme Court · 1851
- Cameron v. New York & Mount Vernon Water Co.New York Court of Appeals · 1892
- Brown v. . SmithNew York Court of Appeals · 1880
- Rowell v. LambertNew York Supreme Court · 1892
3Cited by4 opinions
- Rowell v. . JanvrinNew York Court of Appeals · 1896
- Village of Champlain v. . McCreaNew York Court of Appeals · 1901
- Great Neck Water Authority v. Citizens Water Supply Co.New York Court of Appeals · 1962
- Hagmayer v. AltenNew York Supreme Court · 1901