Shayne v. . Evening Post Publishing 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 January 16, 1901, which reversed an order of Special Term granting a motion to revive and continue against the trustees of a dissolved corporation an- action for libel commenced prior to its dissolution and denied such motion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 16, 1901, which reversed an order of Special Term granting a motion to revive and continue against the trustees of a dissolved corporation an- action for libel commenced prior to its dissolution and denied such motion. The following is the question certified: “ The defendant having been dissolved by the expiration of the term limited in its certificate of incorporation, and this action being for libel, and the action having for these reasons abated, has the…
1Opinion of the Court
Parker, Ch. J.
Plaintiff brought this action to recover damages for alleged libels published in the defendant’s newspaper in February, 1899, and when the action came on for trial on the 15th day of May, 1900, the defendant’s attorney brought to the attention of the court the fact that the corporate existence of the defendant had terminated on the next preceding first day "of January. As the action had abated, the plaintiff thereafter moved the court at Special Term for an order continuing and reviving it against the former directors of the defunct corporation and the motion was granted. The…
2Cases cited2 opinions
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Cutting v. . CuttingNew York Court of Appeals · 1881
3Cited by18 opinions
- Defense Supplies Corp. v. Lawrence Warehouse Co.Supreme Court of the United States · 1949
- Independent Investor Protective League v. Time, Inc.New York Court of Appeals · 1980
- Lindemann v. RuskWisconsin Supreme Court · 1905
- City of New York v. New York & South Brooklyn Ferry & Steam Transportation Co.New York Court of Appeals · 1921
- City of N.Y. v. . N.Y. S.B. Ferry S.T. Co.New York Court of Appeals · 1921
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