Legal Opinion

St. John v. Eberlin

New York Supreme Court

Decided May 15, 1898PublishedCited by 1 opinion

Action to charge treasurer of the Equitable Stock Company with the statutory penalty for failure to deliver to the plaintiff as a stockholder of said company, a financial statement of its condition.

1Opinion of the CourtMcAdam, J.

On June 24, 1896, the plaintiff purchased 125 shares of the Equitable Stock Company, and on the following day served a written demand on the defendant, as treasurer, “ for a particular account, in writing, under oath, of all the assets and liabilities of the company.” The transfer was entered on the corporate books, and the plaintiff became a stockholder for all legal purposes See Stock Corp. L., § 29; Rosevelt v. Brown, 11 N. Y. 148; U. S. Trust Co. v. U. S. F. Ins. Co., 18 id. 199,; Johnson v. Underhill, 52 id. 203; Shellington v. Howland, 53 id. 371, 376; Vail v. Hamilton, 85 id. 453, 458;…

2Cases cited4 opinions

  1. Cotheal v. . BrouwerNew York Court of Appeals · 1851
  2. Rosevelt v. . BrownNew York Court of Appeals · 1854
  3. Suydam v. . SmithNew York Court of Appeals · 1873
  4. McCrea v. BedellThe Superior Court of the City of New York and Buffalo · 1894

3Cited by1 opinion

  1. Cole v. GeorgeDistrict Court, D. Alaska · 1942

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