Martini v. McCaldin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Orestes De Martini and others, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of October, 1917, sustaining a demurrer to the complaint upon the grounds that it is insufficient in substance and that there is a defect of parties defendant.
1Opinion of the Court
Shearn, J.:
The material facts alleged in the complaint, to which a demurrer has been sustained, are: The American Ballast Log Company, a domestic corporation, engaged in manufacturing, selling and hiring out logs to ballast vessels in port, was dissolved in 1898 by the expiration of its charter. Prior to dissolution plaintiffs, who sue both in their own behalf and in behalf of all other stockholders of the dissolved log company, became and still are holders of 841 shares of its capital stock. Immediately prior to and at the time of the dissolution, William J. McCaldin and James McCaldin, who…
2Cases cited5 opinions
- Heath v. . BarmoreNew York Court of Appeals · 1872
- In re FriedmanAppellate Division of the Supreme Court of the State of New York · 1917
- The Nat. Bk. of Watertown v. . LandonNew York Court of Appeals · 1871
- People ex rel. Haberman v. JamesAppellate Division of the Supreme Court of the State of New York · 1896
- De Martini v. McCaldinNew York Supreme Court · 1917
3Cited by6 opinions
- Security Trust Co. v. PritchardAppellate Division of the Supreme Court of the State of New York · 1922
- In re Baldwin Trading Corp.New York Court of Appeals · 1960
- Lehrich v. Sixth Avenue Bancorporation, Inc.Appellate Division of the Supreme Court of the State of New York · 1937
- Major v. American Malt & Grain Co.New York Supreme Court · 1920
- Affinity First Federal Credit Union v. National Credit Union Administration BoardDistrict Court, D. Kansas · 2023
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