Greenpoint Sugar Co. v. . Whitin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (Reported below, 7 Hun, 44.) Plaintiff and defendant, the Kings County Manufacturing Company, were both manufacturing corporations, organized under the general act (chap. 40, Laws of 1848.) The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (Reported below, 7 Hun, 44.) Plaintiff and defendant, the Kings County Manufacturing Company, were both manufacturing corporations, organized under the general act (chap. 40, Laws of 1848.) The nature of the action and the facts are sufficiently stated in the opinion. The mortgage held by plaintiff was void, because the requirements of the statute were not complied with. (Laws 1848, chap. 40,…
1Opinion of the Court
Church, Ch. J.
This is an action to foreclose two mortgages executed by the Kings County Manufacturing Company to the plaintiff; one dated November 4, 1869, for $44,244.24, and the other dated February 10, 1872, for $7,407.
The principal questions arise in .respect to the former. The defendant Whitin, as assignee and\ owner of a subsequent mortgage, claims that the large mortgage was unauthorized, and is invalid for the want of a sufficient assent in writing by the stockholders owning two-thirds of the amount of stock in the corporation. The manufacturing act of 1848 (chap. 40, § 2), conferred…
2Cases cited2 opinions
- Dusenbury v. . HulbertNew York Court of Appeals · 1875
- Sale v. DarraghNew York Court of Common Pleas · 1858
3Cited by38 opinions
- Paulding v. . the Chrome Steel CompanyNew York Court of Appeals · 1884
- Daugherty v. RogersIndiana Supreme Court · 1889
- Rochester Savings Bank v. . AverellNew York Court of Appeals · 1884
- G. V. B. Min. Co. v. First Nat. Bank of HaileyCourt of Appeals for the Ninth Circuit · 1899
- Black v. EllisAppellate Division of the Supreme Court of the State of New York · 1908
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