Shayne v. Evening Post Publishing Co.
Appellate Division of the Supreme Court of the State of New York
.Appeal by the defendant, The-Evening Post Publishing Company, and by Horace White and others, formerly trustees of said ■defendant corporation, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of October, 1900, reviving and continuing the action against the said former trustees of the defendant.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover damages alleged to have been Sustained by the publication of an article in a newspaper,, the New York Evening Post, published by the defendant. It was commenced on the 17th of March, 1899. It appeared upon the calendar May 15, 1900, when the counsel of the defendant called the attention of the court to the fact that the corporation had expired •on January 1, 1900, by limitation contained in its articles of incorporation. This fact seems to have been then conceded, and thereafter a motion was made to revive and continue the action against - the…
2Cases cited4 opinions
- National Bank v. ColbySupreme Court of the United States · 1875
- Wade v. . KalbfleischNew York Court of Appeals · 1874
- Marstaller v. . MillsNew York Court of Appeals · 1894
- More v. BennettNew York Supreme Court · 1873
3Cited by4 opinions
- Professional Discount Corp. v. Fulton National BankSupreme Court of Georgia · 1967
- Floyd v. Colonial Stores, Inc.Court of Appeals of Georgia · 1970
- Floyd v. Colonial Stores, Inc.Court of Appeals of Georgia · 1970
- Williams v. LendermanCourt of Appeals of Georgia · 1970