Logan v. New York Sugar Refining Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William J. Logan, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 13th day of April, 1916, granting defendant’s motion for judgment on the pleadings, consisting of an amended complaint, an amended answer, a reply, and a demurrer, and dismissing the amended complaint; and- also an appeal is taken from the judgment in favor of the defendant, entered in the…
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Appeal by the plaintiff, William J. Logan, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 13th day of April, 1916, granting defendant’s motion for judgment on the pleadings, consisting of an amended complaint, an amended answer, a reply, and a demurrer, and dismissing the amended complaint; and- also an appeal is taken from the judgment in favor of the defendant, entered in the office of the clerk of the county of Kings on the 15th day of April, 1916, dismissing the amended complaint pursuant to…
1Opinion of the Court
Putnam, J.:
This appeal involves the rights of a dissenting stockholder left practically alone by his staying out of a general sale of stock without a merger, which has emptied his corporation of its property and terminated the functions of its board of directors. A business corporation cannot thus ignore a stockholder for fifteen years. Neither may it equitably demand to respond only in a stockholder’s suit, after defendant has obtained every other share of its stock and place them together in the hands of the combination, so that no parties could be brought in to form a representative…
2Cases cited9 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
- Miner v. Belle Isle Ice Co.Michigan Supreme Court · 1893
- Godley v. . Crandall Godley Co.New York Court of Appeals · 1914
- Schwab v. E. G. Potter Co.New York Court of Appeals · 1909
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3Cited by2 opinions
- Farmers' Loan & Trust Co. v. PiersonNew York Supreme Court · 1927
- Kassel v. Empire Tinware Co.Appellate Division of the Supreme Court of the State of New York · 1917