Brewster v. . Hatch
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme 'Court in the first judicial department, entered upon an order made December 31,1886, which affirmed a judgment in favor of defendants entered upon a decisión of the court on trial at ■ Special Term.
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Appeal from judgment of the General Term of the Supreme 'Court in the first judicial department, entered upon an order made December 31,1886, which affirmed a judgment in favor of defendants entered upon a decisión of the court on trial at ■ Special Term. This action was brought to recover for the corporation the value of its shares distributed among the defendants, without ■ cost to them, or to obtain such other or further relief as should be found just and agreeable to equity. On the trial the court required the plaintiffs to elect whether they would seek to recover for the benefit of the…
1Opinion of the Court
Follett, Ch. J.
The end which Brown and his associates sought to and did accomplish, as stated in their testimony, and • as found by the court, was the acquisition of the mining property by the corporation to be organized, wholly at the cost of such persons as should subscribe and pay for shares to be issued at the rate fixed, and to retain for themselves a majority of the stock without expense or risk. They testified and the court found that their purpose was not disclosed to the plaintiffs." , The question is, was tlie relation between these litigants simply that of vendors and vendees of…
2Cases cited1 opinion
- Getty v. . DevlinNew York Court of Appeals · 1873
3Cited by27 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
- McCandless v. FurlaudSupreme Court of the United States · 1935
- Heckscher v. . EdenbornNew York Court of Appeals · 1911
- Franey v. WarnerWisconsin Supreme Court · 1897
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