Ernst v. Rutherford & Boiling Springs Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Morris L. Ernst and another, from a judgment of the Supreme Court in favor of the defendants, The Rutherford and Boiling Springs Company, otherwise called the New York, Rutherford and Suburban Gas Company, and The Knickerbocker Trust Company, entered in the office of the clerk of the county of New York on the 'Tth day of October, 1898, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the separate…
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Appeal by the plaintiffs, Morris L. Ernst and another, from a judgment of the Supreme Court in favor of the defendants, The Rutherford and Boiling Springs Company, otherwise called the New York, Rutherford and Suburban Gas Company, and The Knickerbocker Trust Company, entered in the office of the clerk of the county of New York on the 'Tth day of October, 1898, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the separate demurrers interposed by said defendants to the plaintiffs’ complaint. This appeal was transferred from the first department to…
1Opinion of the Court
Cullen, J. :
The complaint states that the plaintiffs are the owners' and holders of stock of the defendant, the gas.company, which' company is a corporation organized under the laws of the State oí Hew Jersey; that subsequent to the plaintiffs becoming stockholders Fennessey, one of the individual defendants, became the owner through himself and his associates of more than one-half of the stock of the corporation, and caused himself and his friends to be elected directors thereof; that said Fennessey called a meeting of the board of directors for the purpose of increasing the capital stock of…
2Cases cited4 opinions
- American Union Telegraph Co. v. MiddletonNew York Court of Appeals · 1880
- Chase v. Knickerbocker Phosphate Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Ervin v. Oregon Railway & Navigation Co.New York Supreme Court · 1882
- Nash v. HallNew York Supreme Court · 1895
3Cited by31 opinions
- Koster v. (American) Lumbermens Mutual Casualty Co.Supreme Court of the United States · 1947
- Williams v. Green Bay & Western RailroadSupreme Court of the United States · 1946
- Travis v. . Knox Terpezone Co.New York Court of Appeals · 1915
- Miller v. . QuincyNew York Court of Appeals · 1904
- State Ex Rel. Weede v. Iowa Southern Utilities Co. of DelawareSupreme Court of Iowa · 1942
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