Einstein v. Rochester Gas & Electric Co.
New York Court of Appeals
Appeal from an interlocutory judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 27, 1894, which reversed an order of Special Term sustaining a demurrer, to the complaint. On defendants’ demurrer to the complaint.
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Appeal from an interlocutory judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 27, 1894, which reversed an order of Special Term sustaining a demurrer, to the complaint. On defendants’ demurrer to the complaint. This action is to compel the defendant, the Rochester Gas and Electric Company, to issue to the plaintiff four hundred and eighty thousand dollars, par value, of its paid-up stock; or, in default thereof, that the defendants he required to pay to him the par value thereof. The plaintiff’s assignor, Rowley, became the…
1Per curiam
In the view that we take of this case, it is unnecessary to consider the appellant’s argument as to the rights gained through his contract with the Brush Company,, otherwise than with respect to the question of whether there lias been an increase of the capital stock of that company. Assuming all that he claims, in regard to his absolute right under the contract to receive forty-eight per cent, of any increase of the capital stock, we do not think it can be said that there has been any such increase effected through the transactions referred to. It may be perfectly true that the transaction…
2Cited by1 opinion
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