Partridge v. Badger
New York Supreme Court
MOTION for a new trial, upon a case. The defendant was a stockholder in the Niagara Falls Hydraulic Company, from its organization down to the time of trial, holding 750 shares of $100 each, or $75,000 of its capital stock. He was also a director of the company during the same time.
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MOTION for a new trial, upon a case. The defendant was a stockholder in the Niagara Falls Hydraulic Company, from its organization down to the time of trial, holding 750 shares of $100 each, or $75,000 of its capital stock. He was also a director of the company during the same time. No part of the capital stock of the company was ever paid in, as required by sections 10 and 14 of the act.- (Laws of 1848, ch. 40.) And no report of the affairs of the company was ever made or filed, as required by section 12 of said act. In April and May, 1854, while the defendant was such stockholder and…
1Opinion of the Court
By the Court, T. R. Strong, J.
The allegation in the
complaint, that the drafts were accepted by the company by their treasurer, includes an averment of authority to the treasurer to accept the drafts, as the company could not accept by him unless he had such authority. His acts would not be those of the company unless they were authorized by the company ; if thus authorized, they were, in legal effect, the acts of the company. What is necessarily understood or implied in a pleading forms part of it, as much as if it was expressed. (Allen v. Patterson, 3 Seld. 478. Steph. on Pl. 220, 221. 1…
2Cases cited4 opinions
- McCullough v. MossCourt for the Trial of Impeachments and Correction of Errors · 1846
- Barker v. Mechanic Fire InsuranceNew York Supreme Court · 1829
- Beers v. Phœnix Glass Co.New York Supreme Court · 1852
- Halstead v. Mayor of New-YorkNew York Supreme Court · 1849
3Cited by10 opinions
- White Water Valley Canal Company v. ValletteSupreme Court of the United States · 1859
- Hoosac Mining & Milling Co. v. DonatSupreme Court of Colorado · 1887
- State v. FarrierSupreme Court of Louisiana · 1905
- Francis v. Perry, New York County Courts1913
- Rio Grande Extension Co. v. CobySupreme Court of Colorado · 1884
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