Dorris v. Sweeney
New York Supreme Court
APPEAL by the plaintiff from a judgment, dismissing the complaint, entered on the decision of the court, at the circuit, on a- trial before the court without a jury. The action is to recover the sum of $5,000, "upon a written instrument, signed by the defendant, with other persons, of which the following is a copy, namely: “Buffalo Fruit House Association.
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APPEAL by the plaintiff from a judgment, dismissing the complaint, entered on the decision of the court, at the circuit, on a- trial before the court without a jury. The action is to recover the sum of $5,000, "upon a written instrument, signed by the defendant, with other persons, of which the following is a copy, namely: “Buffalo Fruit House Association. We, the undersigned, hereby agree to unite in the formation of a joint-stock, or incorporate company, for the purpose of purchasing the exclusive right to make, use and vend, Hyce’s patent for preserving fruits or other products out of…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The plaintiff is the receiver of an insolvent corporation by the name of “The Buffalo Fruit Preserving Company,” organized under the act of 1848, authorizing the formation of corporations for manufacturing, mining, mechanical and chemical purposes. Such corporation was organized by filing in the Secretary of State’s office and in the clerk’s office of the county of Erie, the certificate required by said act, signed by the requisite number of persons to comply with the terms of said act. The second section of said act declares that “when said certificate shall…
2Cases cited3 opinions
- The Buffalo and Allegany Railroad Company v. . CaryNew York Court of Appeals · 1862
- The Poughkeepsie and Salt Point Plankroad Co. v. . GriffinNew York Court of Appeals · 1861
- Burt v. FarrarNew York Supreme Court · 1857
3Cited by2 opinions
- Powers v. KnappNew York Supreme Court · 1893
- Dorris v. FrenchNew York Supreme Court · 1875