Cincinnati Cooperage Co. v. O'Keeffe
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 March 31, 1887, which affirmed a judgment in favor of plaintiff entered upon the decision of the court on trial at circuit without a jury.
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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 March 31, 1887, which affirmed a judgment in favor of plaintiff entered upon the decision of the court on trial at circuit without a jury. Between December 31, 1883, and February 19, 1884, the plaintiff sold and delivered barrels and kegs at the agreed price of $1,015 to the Kew York Brewing Company (a corporation incorporated prior to January 1, 1883, under chapter 40 of the Laws of 1848, and the acts amendatory thereof and supplementary thereto), for which it gave the…
1Opinion of the Court
Follett, Ch. J.. It is conceded by the parties and found as a fact that no report xras made, filed or published in January, 1884, but that one xxns made and verified in the form prescribed by the section on the 21st day of December, 1883, was published the next day in a newspaper printed in the city wherein the business of the corporation was carried on, and filed in the office of the clerk of the proper county on the twenty-eighth day of same month, which the defendants assert was a compliance with the section. Otherwise stated, the defendants’ position is that the section may be complied…
2Cases cited3 opinions
- Bolen v. . CrosbyNew York Court of Appeals · 1872
- Boughton v. . OtisNew York Court of Appeals · 1860
- Cameron v. . SeamanNew York Court of Appeals · 1877
3Cited by2 opinions
- Lilienthal v. BetzAppellate Division of the Supreme Court of the State of New York · 1901
- Wallace & Sons v. WalshNew York Court of Appeals · 1890