Legal Opinion

Shayne v. Evening Post Publishing Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1900Published

Appeal from special term, New York comity. Action by Christopher C. Shayne against the Evening Post Publishing Company. From an order reviving and continuing the action against the trustees of the defendant on its dissolution, they appeal.

1Opinion of the CourtMcLAUGHLIN, 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 *938thereafter a motion was made to revive and continue the action against the trustees of the…

2Cases cited6 opinions

  1. National Bank v. ColbySupreme Court of the United States · 1875
  2. Wade v. . KalbfleischNew York Court of Appeals · 1874
  3. Marstaller v. . MillsNew York Court of Appeals · 1894
  4. In re Directors of Yuengling Bee Wing Co.Appellate Division of the Supreme Court of the State of New York · 1897
  5. Mabon v. D. G. Yuengling Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1897

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