Travis v. . Knox Terpezone Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 18, 1911, which affirmed an order of Special Term overruling a demurrer to the complaint.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 18, 1911, which affirmed an order of Special Term overruling a demurrer to the complaint. The following questions were certified: “1. Does the complaint state facts sufficient to constitute a cause of action ? 2. Has the court jurisdiction of the subject-matter of the action ? 3. Are two causes of action improperly united ? ” The nature of the action and the facts, so far -as material, are stated in the opinion. The complaint does not state facts sufficient to…
1Opinion of the CourtCardozo, J.
The defendant Knox Terpezone Company is a Eew Jersey corporation. It has an office for the regular transaction of business in Eew York. It issued certificates of its stock to one Knox, who assigned them to the plaintiff, a resident of this state. The certificates state that they are transferable, when surrendered, upon the books of the company. The plaintiff surrendered them to the defendant Schelling, who was the vice- president and the duly registered transfer agent of the defendant corporation. Schelling acknowledged in writing the receipt of the certificates in behalf of the corporation,…
2Cases cited17 opinions
- North State Copper & Gold Mining Co. v. FieldCourt of Appeals of Maryland · 1885
- Cushman v. Thayer Manufacturing Jewelry Co.New York Court of Appeals · 1879
- Guilford v. Western Union Telegraph Co.Supreme Court of Minnesota · 1894
- Miller v. . QuincyNew York Court of Appeals · 1904
- Kortright v. Buffalo Commercial BankNew York Supreme Court · 1838
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- Weiss v. RouthCourt of Appeals for the Second Circuit · 1945
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